International Covenant on Civil and Political Rights

Viet Nam (CCPR 29-08-2019)

The Committee considered the third periodic report of Viet Nam (CCPR/C/VNM/3) at its 3580th and 3581st meetings (see CCPR/C/SR.3580 and 3581), held on 11 and 12 March 2019. At its 3599th and 3600th meetings, held on 25 March 2019, it adopted the present concluding observations.

Concluding observations

C. Principal matters of concern and recommendations

Sexual orientation, gender identity, intersex status and persons with HIV

  1. The Committee welcomes the efforts made by the State party to improve the situation of lesbian, gay, bisexual, transgender and intersex persons, including by eliminating the prohibition on same sex-marriage and providing for legal gender recognition. It takes note of the ongoing drafting of a law regarding transgender persons. Nevertheless, it is concerned that persons continue to face discrimination on the grounds of their sexual orientation and gender identity. It is also concerned by the absence of legal recognition and protection of same-sex couples, and that infants and children under the age of 9, born with intersex variations, may undergo irreversible medical interventions for purposes of gender assignment that are performed before the children concerned are able to provide free and informed consent. The Committee is further concerned that people living with HIV continue to face discrimination and stigmatization (arts. 2–3, 7, 9, 17, 24 and 26).
  2. The State party should:

(a) Intensify its efforts to eradicate all forms of discrimination and violence against and social stigmatization of persons based on their sexual orientation, gender identity, or HIV status, and provide access to effective remedies for victims of such acts;                                        

(b) Establish a procedure for legal gender recognition without a medical requirement that is compatible with the Covenant;                                        

(c) Consider providing legal recognition of and protection for same-sex couples;

(d) Take measures to end irreversible medical treatment of intersex children who are not yet able to provide fully informed and free consent, unless such procedures constitute an absolute medical necessity.

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