E/C.12/VNM/CO/2-4
(a)
The adoption, in 2012, of the Strategic Framework for mobilization,
management and utilization of Official Development Assistance and other preferential
loans of donors in the 2011 to 2015 period;
(b)
The adoption, in 2005, of the Anticorruption Law and subsequent
amendments, and the ratification, in 2009, of the United Nations Convention on AntiCorruption;
(c)
The adoption, in 2010, of the Law on Persons with Disabilities;
(d)
The implementation of the National Target Programme on community-based
mental health services;
(e)
The establishment of the Health Insurance Fund and the adoption, in 2008, of
the Law on Health Insurance and subsequent amendments.
6.
The Committee welcomes the significant reduction of poverty in the State party,
which has contributed to the achievement of the Millennium Development Goals.
C.
Principal subjects of concern and recommendations
Justiciability of the Covenant rights
7.
The Committee is concerned that the Covenant has not been given full effect in the
State party’s domestic legal order. The Committee also regrets the absence of court cases
invoking the Covenant (art. 2, para. 1 of the Covenant).
The Committee recommends that the State party fully incorporate the provisions of
the Covenant in domestic law, so as to strengthen the protection of the rights under
the Covenant. The Committee also recommends that the State party ensure that
economic, social and cultural rights and their justiciability are an integral part of the
training programmes for judges and lawyers. It further recommends raising
awareness of the Covenant among the authorities responsible for its implementation
as well as the general population.
Limitations on the exercise of rights
8.
The Committee expresses concern at the provisions of article 14 (2) of the
Constitution as well as laws and regulations adopted for its implementation, which impose
broad restrictions on the full exercise of human rights (art. 4).
The Committee urges the State party to review the restrictions to the exercise of
economic, social and cultural rights, as provided for in article 14 (2) of the
Constitution and implementing regulations and legislation, so as to bring them into
line with article 4 of the Covenant, and to ensure that they are necessary and
proportionate and do not interfere with the core minimal content of the rights.
Access to justice and remedies
9.
The Committee is concerned at the absence of effective and accessible remedies for
victims of violations of economic, social and cultural rights. Moreover, it is concerned at
reports of intimidation of and reprisals against individuals claiming violations of their
rights, such as those protesting against forced evictions or poor working conditions (art. 2,
para. 1).
Recalling its general comment No. 3 (1990) on the nature of States parties’ obligations,
the Committee calls upon the State party to ensure the provision of judicial or other
effective remedies for violations of economic, social and cultural rights, as well as legal
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