International Journal of Law and Society

2023; X(X): XX-XX

http://www.sciencepublishinggroup.com/j/ijls
doi: 10.11648/j.XXXX.2023XXXX.XX
ISSN: 2640-1894 (Print); ISSN: 2640-1908 (Online)

Protection of Children’s Rights from Family Violation:

Status and Recommendations in Vietnam
Dr. Nguyen Thi Bao Anh
Can Tho University, Vietnam

Email address:
[email protected]

To cite this article:

Dr. Nguyen Thi Bao Anh. Protection of Children’s Rights from Family Violation: Status and Recommendations in Vietnam. International
Journal of Law and Society. Vol. x, No. x, 2023, pp. x-x. doi: 10.11648/j.xxx.xxxxxxxx.xx

Received: MM DD, 2023; Accepted: MM DD, 2023; Published: MM DD, 2023

Abstract: Violation of children’s rights within the family is a reality that many Vietnamese children have to live with.
Despite Vietnam having ratified the Convention on the Rights of the Child and passing various pieces of legislation on
children’s rights, many children are violated by family members. This article addresses their families' violation of child rights
under the purview of violence against children, child labour, and sexual abuse. The article shows the trends in the violation of
these children’s rights by family members in Vietnam. The article further looks at various legislation that Vietnam has passed
to tackle violence against children, child labour, and sexual abuse of children in Vietnam. Further, the article discusses how the
legislation relates to the Convention on the Rights of the Child. In addition, the article has discussed the possible causes of the
violation of children’s rights by family members in Vietnam. Moreover, the article has suggested possible solutions to the
problems associated with each violation discussed in the article. The findings of this article would come in handy to
researchers, policymakers, and legislators as they pursue ways of dealing with cases of violation of the rights of children in
Vietnam.

Keywords: Children’s Rights Violation, Child Labour, Child Sexual Abuse, Violence Against Children,
Violation of Children’s Rights in Vietnam, Vietnam Family Child Rights Violation

1. Introduction the Rights of the Child in 1979. Notably, the working group
did not have membership limitations and comprised United
“In a changing world we constantly need to adjust our Nations Children's Fund (UNICEF), Non-Governmental
thinking patterns and frameworks to help make sense of the organizations (NGOs), and the Commission on Human
continuing transformations that have a bearing on children, Rights -48 member states. On 20 th November 1989, the
childhood, and children’s rights” [5] (Karl, 2022). On 7th Convention on the Rights of the Child was adopted and
February 1978, Poland mooted the idea of a 'Convention on opened for signature, ratification, and accession by the
the Rights of the Child’. This move was inspired by the United Nations General Assembly under resolution 44/25.
apparent lack of a comprehensive way to protect and uphold The Convention on the Rights of the Child came into force
the Rights of the Child. Hence, Poland proposed the on 2nd September 1990, according to article 49 (Humanium,
development of the Convention on the Rights of the Child, n.d.). Article 1 of the International Convention on the Rights
which would be legally binding to all United Nations of the Child (CRC) states that "For the purposes of the
member states. At the time, Poland submitted a nineteen- present Convention, a child means every human being below
article bill (ten legislative and nine procedural), optimistic the age of eighteen years unless under the law applicable to
that it would be adopted in 1979 (the international year of the the child, the majority is attained earlier" (UN Commission
child). However, this was not to be, and it took a decade for on Human Rights, 1990)) One of the ways that children's
the International Convention on the Rights of the Child rights are violated is through physical violence. Article 19 (1)
(CRC) to be adopted in 1989. The Commission on Human of the CRC deals with violence against children. The Article
Rights created a working group to develop the Convention on reads,
2 Dr. Nguyen Thi Bao Anh: Protection of Children’s Rights from Family Violation: Status and Recommendations in Vietnam

States Parties shall take all appropriate legislative, framework for dealing with violence against children that
administrative, social, and educational measures to protect includes "shelters, hotlines and helplines, one-stop crisis
the child from all forms of physical or mental violence, centres, and dedicated women’s and children’s desks in
injury or abuse, neglect or negligent treatment, police stations, hospitals/medical centers." (ASEAN
maltreatment or exploitation, including sexual abuse, Secretariat, 2017). To curb violence against children, which
while in the care of parent(s), legal guardian(s) or any violates children's rights and is in line with Article 19 of
other person who has the care of the child ((UN CRC, ASEAN member states developed the ASEAN
Commission on Human Rights, 1990)). Regional Plan of Action on the Elimination of Violence
Under CRC, children are protected from all forms of against Children 2016-2025. It was adopted on 20th
Violence. The forms of violence covered include: November 2015. This framework was t boost the
1) Physical violence. This is the use of any form of implementation of the 2013 Declaration on the Elimination
physical violence that can potentially harm a child. of Violence Against Women and the Elimination of Violence
These forms of physical violence include torture, Against Children in ASEAN. The action plan noted 13 key
degrading treatment, and punishment, corporal areas that required immediate attention within the plan's first
punishment in all its forms, e.g., slapping and flogging five years. The areas are:
as well physical bullying. 1. The ASEAN Guidelines on a Non-Violent Approach to
2) Sexual violence. This is the case where adults perform Nurture, Care and Development of Children;
or try sexual acts on children. These forms of violation 2. Awareness-raising campaigns on all forms of violence
could manifest through coercion or coaxing a minor to against children;
participate in sexual acts with the said adult. This 3. Alternative family care services;
violation could also include sexual acts performed 4. Preventive measures against violence in cyberspace;
forcibly by another child. It includes forms such as 5. Child- and gender-sensitive reporting and complaint
fondling, rape, pornography, etc. mechanisms;
3) Mental Violence. This rights violation includes 6. Protection and support services for children affected by
psychological maltreatment and mental, verbal, and violence;
emotional abuse. Mental violence manifests in ways 7. Legislative reviews on violence against children;
such as continued harmful interaction with a child, 8. Diversion programs and other alternative measures to
including persistently telling the child is worthless, judicial proceedings and detention;
unloved, unwanted, etc., and verbal abuse, where the 9. Advocacy materials to generate awareness on violence
child is subjected to insults, humiliation, and ridicule. against children;
Other forms of mental violence include breach of 10.National data systems on violence against children;
privacy that causes psychological trauma, terrorizing 11.National plans of action on all forms of violence
and threatening a child, lack of emotional care and against children;
support, exposing children to domestic violence or 12.Coordination mechanisms for preventing and
living in a hostile environment, and forced or child responding to violence against children in disasters and
marriage. conflict situations;
4) Neglect or negligent treatment. This form of violation is 13.Technical assistance from United Nations agencies and
manifested when those responsible for the care of a other relevant stakeholders (ASEAN Secretariat, 2019,
child (despite being capable) fail in their duty to register p.13).
a child's birth, fail to meet a child's physical and
psychological needs, etc. Physical neglect includes but 2. Methods
is not limited to failing to protect a child from physical
harm and not providing a child's necessities. Also, This article is based on a library-based data collection
failure by a caregiver to give a child the necessary love, approach. The author has collected journal publications such
attention, emotional support, etc., is a form of violence. as journal articles and news reports, reports by various
Further, caregivers are duty-bound to care for a child’s United Nations organs such as WHO and UNICEF, the
physical and mental well-being. Moreover, denying a Convention on the Rights of the Child, the constitution of
child the right to play and other social needs, and Vietnam, and the 2016 law on children of Vietnam, among
deliberate abandonment of a child falls within the other sources. Further, the author has analyzed and
purview of violence (ASEAN Secretariat, 2017). synthesized these data for this article.
ASEAN countries have shown some notable progress in
curbing violence against children. This progress is evidenced 3. Findings
in the continuous enactment of laws that protect children
from violence. However, it is noteworthy that some ASEAN 3.1. Vietnam
countries are yet to develop national Action Plans (NPA) that
guide the implementation of laws on violence against Van (2019) states that Vietnam was the first Asian country
children. ASEAN member states have developed a to ratify the CRC. It was also the second in the world.
 International Journal of Law and Society 2023; X(X): XX-XX

However, despite the strides Vietnam has made in protecting Also, it is evident that Vietnamese law recognizes violence
children's rights, the question of the legal age in Vietnam has against children as a violation of children’s rights. Article 4.6
elicited debate in many fora. Article 1 of Vietnam's 2016 of the 2016 Vietnam Law on Children 102/2016/QH13
Law on Children 102/2016/QH13 defines a child as "A child defines violence against children. The law states
is a human being below the age of 16." Many other countries Violence against the child refers to acts of maltreating,
and the CRC place the legal age at 18 years. Van (2019, persecuting or beating a child; taking physical abuse or
p.350) states that the causing harm to the child’s health; reviling or offending
2016 Law on Children still defines a child as being under honor or dignity of the child; segregating, driving the child
16 years old, while CRC and many other international away and other deliberate acts that cause physical and
treaties and agreements relating to children that Vietnam mental harm to the child.
has signed, such as Convention No. 138 on Minimum Age In addition, Article 37 (1) of the 2013 constitution of
for Admission to Employment and Convention No. 182 on Vietnam states that “Children enjoy protection, care and
Elimination of the Worst Forms of Child Labor, all define education by the State, family and society and are allowed to
a child as one who is under 18 years old. participate in children’s affairs. Infringement, persecution,
Apart from the CRC, Vietnam has addressed the issue of maltreatment, abandonment, abuse and exploitation of
children’s rights in the country’s constitution and the 2016 labour and other forms of violating children’s rights are
law on children. Vietnam has made some strides in securing strictly prohibited.”
children's rights, but more must be done to create a safe In this case, Vietnam has legislated in line with Article 19
environment for all children. of the CRC. Vietnam as a nation has attached a lot of
importance to the protection of children’s rights. This fact is
3.1.1. Violence Against Children by Family Members evidenced by Vietnam’s ratification of the CRC and the
Violence is one form of violation of Children’s rights passing of child-specific legislation. Unfortunately, the
within the family setup in Vietnam. World Health existence of such legislation does not mean that all
Organization (2022) data shows that three out of four Vietnamese children are safe from violence. There are
children (300 million) globally within the 2-4-year-old age instances where some children in Vietnam are subjected to
bracket are regularly subjected to physical and psychological Violence by family members.
violence by their parents and caregivers. World Health Vietnam Law & Legal Forum (2023) reports that
Organization (2020) says that "Violence against children according to Vietnam's Ministry of Labor, Invalids and
includes all forms of violence against people aged under 18 Social Affairs (MOLISA) data, more than 2000 occurrences
years, whether perpetrated by parents or other caregivers, of severe child abuse incidents are reported annually.
peers, or strangers. It can include physical, sexual, and Incidentally, most of these acts of child abuse and
emotional violence as well as witnessing violence." maltreatment. are carried out by people known and trusted by
Saigoneer (2019) reports that Save the Children's Fund uses the children. By the end of 2022, at least 120 children died
the risk of domestic abuse as it tabulates its End of from physical abuse between 2020 and 2022. Vietnam Law
Childhood Rankings. In 2018 was ranked a worrying number & Legal Forum (2022) quoting VNExpress International,
96 out of 150 countries. In addition, despite the government there are about 30,000 distress calls received on Vietnam's
and stakeholders' concerted efforts, domestic violence against 111 child helpline monthly. Disturbingly, the number of
children does not show signs of abating. According to distress calls surged at the height of the COVID-19 pandemic
Saigoneer (2019), survey data shows that children between 1- and the ensuing lockdowns. This was a period marked by
14 years still undergo violence to instill discipline. A report social distancing rules and increased socioeconomic pressure.
launched on December 13, 2019 at a management and Distress calls to the 111-child helpline rose to 40-50
Sustainable Development Institute (MSD) event showed that thousand calls monthly.
68% of Vietnamese children are subjected to violence by Vietnam Law & Legal Forum (2022) reports the case of N.
their relatives. The data concurs with a similar report T. V. A., a girl (8 years old) from Ho Chi Minh City who
launched in 2018 that showed that 68% of children in was beaten to death by her father's fiancée in December
Vietnam were subjected to physical and mental abuse by 2021.
their parents. Saigoneer (2019) further avers that another According to the initial investigation, the perpetrator,
2017 study showed that 74% of children aged 2-14 years in Nguyen Vo Quynh Trang, 27, had been living with V. A.
Vietnam were subjected to physical violence to instill and the little girl’s father, Nguyen Kim Trung Thai, 36, for
discipline by the families or caregivers. Violence is a form of more than a year after Thai divorced his ex-wife. Since
child abuse. Article 4.5 of the 2016 Vietnam Law on then, Trang had frequently forced V. A. to do chores and
Children 102/2016/QH13 defines child abuse as: beat her. On the afternoon of December 22, the young
Child abuse refers to any act that results in harm to the victim was brutally beaten by Trang for almost four hours
body, emotion, psychology, honor or human dignity of and died on the way to the hospital. Trang was arrested on
such child through violence against the child, child December 23 and charged with “persecuting other
exploitation, sexual abuse, neglect and abandonment, and persons” and “murder” while Thai was prosecuted for
other forms of causing harm to the child. “persecuting other persons” and “concealing crimes”.
4 Dr. Nguyen Thi Bao Anh: Protection of Children’s Rights from Family Violation: Status and Recommendations in Vietnam

Also, in different instances, Child exploitation refers to the act of forcing the child to
In late 2020, N. T. M. M., a three-year-old girl in Hanoi, work against the law on labor, perform or produce
was beaten to death by her mother’s lover, Nguyen Minh pornographic products; organizing or supporting for tourist
Tuan, 30. Tuan was later sentenced to capital punishment activities for the purpose of child sexual abuse; offering,
and the mother, Nguyen Thi Lan Anh, 29, was subject to adopting or supplying the child for prostitution and other
life imprisonment. Most recently in the last quarter of acts of using the child for profiteering purpose.
2021, L. H. A., a six-year-old girl in Hanoi, was killed by In addition, the constitution of Vietnam has also addressed
her own father in a fit of anger when he was helping her the matter of child labour in article 37 (1), which states that
with school assignments (Vietnam Law & Legal Forum, “Children enjoy protection, care and education by the State,
2022) Johnston (n.d.) writes that many children in family and society and are allowed to participate in
Vietnam endure violence within their homes, albeit children’s affairs. Infringement, persecution, maltreatment,
silently. Domestic violence against children is widespread abandonment, abuse and exploitation of labour and other
but ignored because many Vietnamese communities have forms of violating children’s rights are strictly prohibited.”
normalized harsh domestic discipline. For example, This shows that Vietnam is determined to protect children
society seems numb to children being beaten by drunk from exploitative child labour practices. The same is evident
parents or insulted openly. More than 2000 Vietnamese in the 2016 Law on Children and Vietnam's constitution.
children suffer at least one form of violence annually. However, despite these progressive pieces of legislation,
Apparently, more than 91.2% of adults in Vietnam are many children are still weighed down by the yoke of child
ignorant of the laws that protect children. Further, labour. There are many reasons that lead to child labour, but
Johnston (n.d.), quoting Ninh Thi Hong (Permanent the key among them is poverty. The Centre for Child Rights
Deputy Chairwoman of the Vietnam Association), notes and Business (2022) reports that most of the children
that one of the major triggers of violence against children involved in child labour are among the rural poor. Many of
within Vietnamese homes is the deeply entrenched culture these children are employed in the agricultural, forestry, and
of patriarchy as well as Vietnamese parents setting very fisheries sectors. The Centre for Child Rights and Business
high (often unrealistic) expectations. (2022) highlights the 2021 story of Y. D. A., a boy from Dak
Lak province who had to work long hours with his parents.
3.1.2. Child Labour by Family Members The story of Y. D. A. is a representative story of many
Another form of child rights violation prevalent in Vietnamese children who have to endure child labour which
Vietnam is child labour. According to UNICEF Viet Nam, is a violation of their rights by their family.
more than 1 million Vietnamese children aged between 5-17 Y. D. A, an 11-year-old boy from an ethnic minority group
years are involved in Child labour. This number represents who was working on the plantations with his parents and
5.4% of the children within this age group. (UNICEF, n.d.). had never been to school. In many ways, Y. D. A. became
UNICEF (n.d.) further notes that child labour is extremely a symbol of the unknown numbers of children in rural
detrimental to a child. Child labour could lead to physical Vietnam who too were out of school due to poverty,
and psychological harm and, in some extreme cases, death. working and making “invisible” contributions to an
Also, exploiting children for labour sometimes is a precursor international company’s supply chain. Y. D. A.’s parents
to slavery and sexual and economic exploitation. The are seasonal agriculture labourers, who travel from one
negative impacts of child labour range from keeping children province to another to work on whichever harvest is ripe
from school to cutting them from healthcare. All these are a for picking. Y. D. A.’s family is extremely poor and as the
form of child rights violations that have a negative impact on third child, the parents have never been able to send him to
the future of the victims. In the case of Vietnam, more than school. They also struggled to find someone to take care of
50% of child laboures are involved in hazardous work. Also, him during harvest season so they would bring him along
approximately 50% of child labourers never attended school to help with work. At the time of the assessment, Y. D. A.
(UNICEF, n.d.) Article 32 (1) of the CRC states that had already worked on pepper, cashew and coffee
States Parties recognize the right of the child to be plantations (Centre for Child Rights and Business, 2022).
protected from economic exploitation and from In this case, Y. D. A had to endure long working hours like
performing any work that is likely to be hazardous or to adult farmers (7:00 am- 4:30 pm with only a one-hour break).
interfere with the child's education, or to be harmful to the Vietnamese children are also exposed to blatant sexual
child's health or physical, mental, spiritual, moral or social abuse by members of their families. The family unit is
development (UN Commission on Human Rights, 1990). supposed to be a haven for children who should be protected
CRC acknowledged the need to protect children from from this form of abuse.
exploitative child labour practices. Article 32 (1) of CRC
notes that child labour negatively affects a child’s 3.1.3. Sexual Abuse by Family Members
educational opportunities and poses a threat to a child’s Sexual violence from family members is an appalling
general well-being. As such, state parties are mandated to reality that many children have to endure globally. YWCA
pass legislation that would protect children from child labour. (2017), citing The Children’s Assessment Center, Texas and
Vietnam's 2016 Children Law states in article 4 (7) Child Sexual Abuse Fact Sheet (April 2009), noted that
 International Journal of Law and Society 2023; X(X): XX-XX

Child sexual abuse is a crime that happens across race, members is much higher than the official statistics because of
religion and class and has lifetime effects. It includes any under-reporting. Another challenge arises when children feel
interaction between a child and an adult (or another child) they will not be taken seriously even if they report their
in which the child is used for the sexual stimulation of the ordeal or nobody believes them. As a consequence, the
perpetrator or an observer. Child sexual abuse is often victims keep quiet in shame and pain. For example:
predicated on silencing the victim, and as a result, Queenie* is among those who chose to keep her assault
reporting and disclosure is low. Even without knowing the private out of fear of being dismissed. As a child she was
full scope of child sexual abuse instances, most experts assaulted twice – first by a family friend and then by her
will agree that 500,000 children will be impacted by child cousin’s boyfriend – but she was nervous that people
sexual abuse per year. would tell her “nothing bad happened so just stay away
World Health Organization (2022) noted, "One in 5 from him and move on” (UNICEF Viet Nam, 2019).
women and 1 in 13 men report having been sexually abused Regarding the legislation that deals with the sexual abuse
as a child aged 0-17 years." World Health Organization of children, Article 4(8) of the 2016 Vietnam Children Law
(2020) reports that according to data drawn from a sample of (Law No.: 102/2016/QH13) states that
24 high- and middle-income nations, it is estimated that 31% Child sexual abuse refers to the act of using violence,
of girls and 3-17% of boys below eighteen years have threatening to use violence, forcing, persuading or
suffered sexual abuse. Further, seducing a child to engage in sexual acts. The child sexual
In 14 low and lower-middle-income countries that abuse includes rape, aggravated rape, sexual intercourse or
completed the Violence against Children Survey, the molestation with children and use of children for
percentage of girls aged 18–24 years who experienced prostitution or pornography in any form.
sexual violence before the age of 18 years ranged from 4% Further, Article 6 (3) of the same law, under prohibited
and 7% in Cambodia and Lao respectively, to 33% in acts, states that it is prohibited to "involved in child sexual
Zimbabwe and 35% in Uganda. For boys, the lowest rates abuse, use violence against children, abuse or exploit
were 3% in El Salvador and 4% in Cambodia, and the children." while Article 25 regarding the right to be protected
highest 18% in Kenya and 21% in Haiti (World Health from sexual abuse states that "Children have the right to be
Organization, 2022). protected, in any form, from sexual abuse." From this
The Convention on the Rights of the Child has covered the legislation, the question that begs answers is whether the
need to protect children from sexual abuse in Article 34, legislation has completely prevented incidents of child sex
which says abuse, particularly by family members. Unfortunately, news
States Parties undertake to protect the child from all forms reports and social studies are rife with reports of children
of sexual exploitation and sexual abuse. For these subjected to sexual abuse by family members and caregivers.
purposes, States Parties shall in particular take all This is a blatant violation of children’s rights within the
appropriate national, bilateral and multilateral measures to family. Children are exposed to these traumatic experiences
prevent: that affect them physically and mentally for the rest of their
a) The inducement or coercion of a child to engage in any lives. Children are the future of any nation, and society
unlawful sexual activity; should endeavor to raise them in a safe environment. In a
b) The exploitative use of children in prostitution or other news article posted on VietnamNet Bridge on 2017 July 31,
unlawful sexual practices; it was noted that the cases of child sexual abuse were on an
c) The exploitative use of children in pornographic upward trajectory. Among the most worrying aspects of this
performances and materials. (UN Commission on trend is that many incidents of child sexual abuse go
Human Rights, 1990). unreported. While releasing the data, Nhu Minh Nguyet
This article is very clear that children shall be protected (Director of the Ministry of Public Security's Police Political
from sexual exploitation and abuse. The article outlines the Bureau Department) said that it was reported that most of the
specific forms of possible sexual exploitation and abuse, and people who abused children sexually were their relatives or
member states are obligated to pass legislation that would acquaintances. The said perpetrators would mostly take
protect children from sexual abuse. advantage of their close relationship with the children and
Johnston (n.d.) posits that the prevalence of sexual then abuse them, mainly when their parents were away. It
violence against children by family members in Vietnam is was also noted that some of the incidents emanated from
worrying. One of the main factors that fueled the spread of failure on the part of parents to take care of their children and
this vice is the secrecy that shrouds acts of sexual abuse in insufficient gender awareness education, among many others.
Vietnam. Between 2015 and 2019, it is reported that 8,442 The trend of child sexual abuse may not abate soon because,
child abuse cases were reported in Vietnam, with sexual unfortunately, many families of the sexual abuse victims do
abuse cases accounting for 75.4% of the total. However, the not report the incidents. These families fear that if the
more worrying fact is that very few sexual abuse cases incidents of sexual abuse were made public, the victim’s
against children are reported to the authorities because dignity and privacy would be affected. Child sexual abuse
society deals with them with very high secrecy. This means has a myriad of complications for the child, and victims are
the number of children who suffer sexual abuse from family prone to depression, and mental health problems, among
6 Dr. Nguyen Thi Bao Anh: Protection of Children’s Rights from Family Violation: Status and Recommendations in Vietnam

other negative effects (VietnamNet Bridge, 2017). this violation of their rights at the hands of their families.
Child labour is a contravention of the Conventions on the
4. Conclusion and Recommendations Rights of the Child Article 32(1), Article 4(7) of Vietnam's
2016 Children’s Law, and Article 37 (1) of the constitution
This article notes that even though Vietnam has made of Vietnam.
commendable strides in protecting children’s rights (Vietnam To combat this vice, the relevant policymakers must
was the first country in Asia and the second in the world to acknowledge the existence of this vice and come up with
ratify the Convention on the Rights of the Child), there is decisive measures on how to deal with the problem. Most
much more that needs to be done. Violation of the rights of child labor cases are witnessed among extremely poor
children is deeply rooted in Vietnamese society, and many of Vietnamese families. In these cases, children have to work
the violations occur within the victim’s families. long hours alongside their parents to eke a living. Vietnam
Vietnam, apart from ratifying the Convention on the should develop a social welfare system that supports such
Rights of Children, has within its constitution legislation that families, including creating an education fund for the
safeguards the rights of children. Article 37 of the extreme to ensure no child is left behind in terms of literacy.
Constitution of Vietnam and Vietnam's 2016 Law on Communities should be actively involved in developing
Children, Law no: 102/2016/QH13 deal with children's ways of eradicating child labour. It is logical to assume that a
rights. Therefore, on this facet, Vietnam has made progress in community-centric approach will more effectively eradicate
legislation but further legislation, such as making it child labour because communities will have a sense of
mandatory for family members to report incidents of child ownership of the process.
sex abuse. Also, Vietnam could pass further legislation in The article has also noted the disturbing trend of children
line with the CRC to further guard children against violating being subjected to sexual abuse by family members and
their rights. people known to them. It has also been reported that,
It has been noted that many Vietnamese children are unfortunately, many cases go unreported. These acts of
subjected to violence in all possible forms within their sexual violence go against Article 34 of the Convention on
families. This is a violation of children's rights by the said the Rights of the Child, Articles 4(8), and 6(3) of the 2016
family members. It has also been noted that society has Vietnam Children Law.
normalized physical and mental violence to instill discipline. The fact that many families do not report incidents of child
However, this violates children's rights and goes against the sexual abuse should be a priority are for both legislation and
spirit of Article 37 (1) of the 2013 constitution of Vietnam, policy. Families discovered to have taken part in covering up
Article 4.6 of the 2016 Vietnam Law on Children, and child sexual abuse should be subjected to stiff penalties to
Article 19 of the CRC. All these deal with the protection of deter such behaviour. Covering up child sexual abuse gives
children from violence. It also has been noted that people are pedophiles room to continue abusing children because they
ignorant of the law and commit these violations. Concerted thrive in a culture of silence where they are not afraid of
efforts should be made to educate the public on matters to do being exposed or taken through the legal process.
with violence as a violation of children's rights. In addition, Vietnam should develop strict laws that deal
Vietnam should formulate stringent policies to combat with pedophiles effectively, including mandatory life
violence against children. In addition, the country should sentences to curb child sexual abuse.
develop a network of social workers, trained professionals, Further, communities should be sensitized on the
community educators, and enforcement officers who would importance of reporting cases of child sexual abuse to the
be involved in combating violence against children. relevant authorities. Also, community members should be
Vietnamese should be sensitized to the adverse effects of sensitized not to stigmatize children who have suffered
violence against children to instill discipline. The mantra sexual abuse. This initiative would encourage many families
"spare the rod, spoil the child" that many Vietnamese to report cases of child sexual abuse.
families ascribe to harms children both mentally and
physically. Eventually, this inculcates a culture of a violent
nation. Studies have shown that children subjected to References
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 International Journal of Law and Society 2023; X(X): XX-XX

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