Overview
The impressive increase in social and economic development over the past 20 years has put new pressures on the Vietnamese family. Not all changes that come with rapid economic development are positive and with an ever-widening gap between rich and poor, more people are moving to cities and migrating all over the country to find work. The resulting increases in economic disparity and unemployment, rapid urbanisation, migration, family break-ups, and the erosion of traditional values, have contributed to an increased number of abandoned, neglected, abused and exploited children.
Children are often on the frontline of vast change. In 2007 the Ministry of Labour, Invalids and Social Affairs (MOLISA) estimated that over 2.5 million children were living in “special circumstances,” which is nearly 10 per cent of all Vietnamese boys and girls[1]and includes: 1.2 million children with disabilities[2]; 300,000 children affected by HIV and AIDS, of which 4,720[3]children are living with HIV; 168,000 orphans and children without care of their biological parents; 27,000 working children; over 13,000 street children; 20,000 children living in institutions[4]; 3,800 children using drugs; and at least 850 sexually abused children. Issues such as the commercial sexual exploitation of children and trafficking are also significant, but the numbers are not known, as reliable data is not available.
These problems are intensified by the absence of a strong and effective social protection system, including the lack of professional social work and protection services to support all vulnerable children - from the prevention of abuse, neglect and exploitation all the way to care and treatment services. Where specialised services exist, they are often fragmented or unregulated. Volunteers do their best to fill the role of social worker in their communities, but without adequate training or skills. At higher levels too, the justice system requires reform, and training to address child victims of violence, abuse and exploitation as well as children in conflict with the law.
A coherent child protection system is needed, including comprehensive legal and regulatory framework and a social welfare system to ensure children are being served at the local level. No child should be left without care and protection.
Action:
UNICEF’s child protection programme has focused on two areas. On the one hand, the programme has contributed to the development and revision of child protection legislation and policies (legal reform) to make them more child-friendly. The programme also contributed to improving public knowledge and understanding of child abuse and exploitation, and other child protection issues through research and studies, advocacy, communication and social mobilisation activities, involving children.
The second major area of focus has been on improving the social welfare and justice systems (structural reform) through the provision of technical support to key public institutions both at the national and local levels to introduce the new profession of social work and build the capacity of other professionals (social welfare officers, police, prosecutors, lawyers, judges, teachers, health workers, etc.), para-professionals, and community volunteers who are dealing with child protection issues. This area also included efforts to improve child protection structures, mechanisms and services for children in need of special protection, including offering family and community-based care options, instead of institutionalisation.
The following key results have been achieved:
- Improved child protection legal framework and policy. This includes the development of a comprehensive legal framework on child protection, a Legal Review on child protection. Several national laws and policies to address child protection issues have been developed and are being implemented (such as the Law on Domestic Violence, National Plan of Action against Human Trafficking, National Programme of Action on Children and AIDS, and the Decision on the recovery and reintegration support for victims of human trafficking).
- Improved child protection capacities and mechanisms. For instance, 1,000 government officers, collaborators and members of faith-based organisations have increased knowledge and skills in the area of basic social work, counselling, child protection case management, enabling them to provide better care and support. Over 10,000 children have directly benefited from community-based interventions on prevention and response to the needs of child victims of trafficking and sexual exploitation, street children, and children affected by HIV/AIDS in eight provinces.
- Enhanced protection services for children in need of special protection. The functions of the social protection centres were reviewed, and new emergency child care functions were introduced for children victims of abandonment, abuse, trafficking and exploitation. Recovery centres were established in three provinces to provide support for children and women victims of trafficking, domestic violence and abuse. Alternative care models such as community-based social house model and day-care centres for children with disabilities, including children victims of Agent Orange, were developed.
- Increased capacities and services on child-friendly justice system The capacity of police officers to investigate child-related cases has improved at national and provincial level thanks to the training manuals and courses on child-friendly investigation developed by UNICEF. New models have been piloted in selected provinces to test the applicability of new approaches, such as the non-custodial measures for children in conflict with the law and child friendly interview rooms.
- Increased awareness and understanding of general public, civil society and children on child protection, in particular child abuse and exploitation. A national campaign on child abuse has reached about ten million people including children.
- Improved national legal framework and enhanced knowledge and awareness on child protection. UNICEF provided technical assistance for the development and implementation of a revised comprehensive legal framework on child protection, including the drafting of the Administrative Bill, Law on Adoption, Law on Human Trafficking, and the revision of the Penal Code, Penal Procedure Code, Ordinance on Prevention of Prostitution, and other related laws. UNICEF advocated and assisted the government in ratifying key international conventions related to child protection such as the UN Convention against Trans-national Organised Crime and its Protocol concerning Trafficking in Persons, and the Hague Convention on Inter-country Adoption. UNICEF provided technical support for implementing the National Plan of Action for Juvenile Justice; and Guidelines for polices to prevent juveniles from being institutionalised and improve support services/reintegration. UNICEF helped assess the court system for children in contact with the law, leading to the cration of a Youth and Family Court.
- Enhanced capacities and strengthened child protection systems. UNICEF provided technical support and advocated for the recognition of social work as a profession through workshops and sharing of international experiences; through the development of a National Plan on Development of Social Work in Viet Nam, a code of conduct, national standards of practice, and professional association of social workers.
UNICEF supported the establishment of systematic data collection on child protection to support evidence-based policy advocacy.
- UNICEF contributed to the development of a systematic child protection structure and service system. It provided expertise for the development and training of government staff on policies, guidelines and standards on alternative care, including the Minimum Standards of Institutional Care; and guidelines for alternative care models such as social house, day-care centres for children with disabilities, foster care and adoption. It also provide technical support and capacity building to faith-based organizations and local NGOs to provide care and support for orphans, children affected by HIV/AIDS, children with disabilities, trafficked victims, abused and exploited children.
- UNICEF ensured the establishment of child-friendly justice services, providing technical support to the government for the development and implementation of guidelines on restorative justice for children in conflict with the law; supporting the pilot implementation of service models such as the establishment of child victim support services and of legal representation for juveniles in conflict with the law during and after the investigation and trial, and community youth crime prevention programmes.
Impact:
By the end of 2011, UNICEF and the Government of Viet Nam expect to have developed together a stronger legal framework and regulatory system on child protection. Key national legal documents such as the Administrative Bill, Law on Adoption, Law on People with Disabilities, Law on Human Trafficking, and the Penal Code, Penal Procedure Code, Ordinance on Prevention of Prostitution will have been developed or revised to specifically address the needs of child victims of, or those at risk of, neglect, abuse and exploitation, and will be in line with international standards. National strategies, policies and programs of action will have been developed in line with a comprehensive framework for prevention and response to all types of neglect, abuse, exploitation and violence against children.
Working with the Government to improve child protection legislation and policies will ensure a comprehensive and evidenced-based legal framework to effectively prevent and protect children from abuse, violence and exploitation. At the same time, the programme will contribute to increasing public knowledge and understanding of child abuse, violence and exploitation to create a conductive environment on child protection.
Lawyers, prosecutors and judges will have improved knowledge and skills on child-friendly investigation techniques, reporting and prosecution. Child-friendly justice services will be increased, such as victim-friendly investigation rooms, special sexual offence units within police stations, child victim support services, child friendly adjudication, and diversion programs for children in conflict with the law.
Social work education will be improved, and social workers professionalized, ensuring their ability to work with vulnerable families and children. This, along with upgrading the professional capacity of teachers, health workers, police, justice workers and others who are at the forefront of activities targeting vulnerable children will help provide increasingly effective responses to child abuse, exploitation and violence.
The innovative child protection service models will be implemented and fed into national programmes and policies for application across the country. Support, rehabilitative services, and family- and community-based alternative care will be increasingly provided for child victims, children in conflict with the law and those at risk, ensuring there is a continuum of care from prevention, early detection, identification and referral to specialised services.
Notes
[1 ] MOLISA and UNICEF Viet Nam (2009) Creating a Protective Environment for Children in Viet Nam: An Assessment of Child Protection Laws and Policies
[2 ] MOLISA (2008) Report on the situation of children in special circumstances to the Committee for Culture, Education, Youth and Children of the National Assembly
[3 ] MOH (2009) HIV/AIDS Estimates and Projection 2007-2012
[4 ] MOLISA (2008) Report on the situation of children in special circumstances to the Committee for Culture, Education, Youth and Children of the National Assembly.; Boéchat et al. (2009) Assessment of the Adoption System in Viet Nam
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