ENDING CHILD MARRIAGE empowering girls © UNICEF VIET NAM\2015\TRUONG VIET HUNG VIET NAM\2015\TRUONG VIET UNICEF ©

UNDERSTANDING CHILD MARRIAGE IN VIET NAM UNDERSTANDING CHILD MARRIAGE IN VIET NAM

In Viet Nam, child marriage continues to be a persistent Nations held a multi-stakeholder National Conference on issue. One-in-10 Vietnamese women aged 20-24 years in Child Marriage to review gaps in policy and interventions. 2014 was found to be married or in union before their 18th In June 2017, a follow-up multi-stakeholder conference was birthday. There has been no substantial decrease in the held on “Preventing and Ending Child and Early Marriage: prevalence of child marriage. While its prevalence varies Learning from Promising Strategies and Good Practices”. across geographic areas, girls from all regions of Viet Nam and all layers of society are vulnerable to becoming a child This discussion paper builds on the outcomes of these bride. In Viet Nam, child marriage assumes different forms conferences and research on child marriage and early union and is undertaken for different reasons. To successfully in Viet Nam. It presents unique insights into the prevalence end this harmful practice, interventions must be carefully and the girls most at risk as well as the unique features tailored to local reality. and driving factors of child marriage and early union. The paper also suggests entry points for the development of In line with the UNFPA-UNICEF Global Programme to holistic and targeted interventions to prevent child mar- Accelerate Action to End Child Marriage, UNFPA and riage and early union in Viet Nam. To this end, it provides UNICEF have been joined by UN Women to collectively work specific recommendations on how laws and policies could and advocate for holistic and integrated actions for the be enhanced to better reflect the protection of the rights of prevention of child marriage and early union in Viet Nam. In children under the age of 18 years. October 2016, the Vietnamese Government and the United DEFINITION OF CHILD AND EARLY MARRIAGE

The Committee on the Rights of the Child definesc hild marriage as any marriage where at least one of the parties is under 18 years of age. The committee urges countries to set the minimum age for marriage for men and women (with or without parental consent) to 18 years (File nos. CEDAW/C/ GC/31-CRC/C/GC/18, para. 20 and CRC/GC/2003/4, para. 20).

UNFPA and UNICEF define child marriage as “a formal marriage or informal union before age 18”, thus also recognizing the importance of including non-formal marriages or unions in this notion. Cohabitation – when a couple lives ‘in union’, as if married – raises the same human rights concerns as child marriage.

In Viet Nam, early marriage is considered a marriage where one or both partner(s) have not reached the minimum legal age for marriage, which is 18 years for girls and 20 years for boys (Art. 8(1) of the Law on Marriage and Family).

Taking the above into account and the context of Viet Nam, this paper uses the term “child marriage and early unions” to cover formal marriage and informal union before the age of 18.

When the term “early marriage” is used, it refers to the Vietnamese definition. © UNFPA VIET NAM\2016\NGUYEN THI THI THANH HONG VIET NAM\2016\NGUYEN © UNFPA

BACKGROUND

Despite national laws and international conventions Within Viet Nam, there is recognition that child marriage prohibiting harmful practices, child marriage is a is an illegal and harmful practice that violates the rights widespread and entrenched phenomenon that occurs of children. The Law on Marriage and Family, Law on globally, particularly in developing countries such as Children and Penal Code prohibit and penalize child and Viet Nam. Annually, 15 million girls around the world are early marriage. In 2015, the Prime Minister approved a married before the age of 18, equal to more than 41,000 National Programme to address child marriage in ethnic girls per day.1 While boys and girls are affected by child minority areas (2015-2025).3 Recently, the government marriage, the impact on girls is far larger in number and adopted a National Action Plan to implement the 2030 intensity. Child brides are robbed of their hopes and Agenda for Sustainable Development Goals (SDGs).4 Yet, dreams. They are more likely to drop out of school and actual investments in programmes to end the practice less likely to join the labour force. They have more children remain limited. Current interventions mainly focus on and have them earlier. They are much more likely to suffer communication and awareness raising with a punitive from health problems, sexual violence and abuse. Health approach. While adopting and enforcing legal provisions problems not only affect girls, but also children born from for the minimum age of marriage is important, this is not the marriage. Child marriage also severely undermines effective in the case of certain types of child marriage or national development and poverty eradication efforts. In early unions, including “love marriage” and “marriage to fact, the World Bank calculated that child marriage would resolve pregnancy”.5 In addition, the current structure cost developing countries trillions of dollars by 2030 due of governance lacks a focal point agency responsible for to higher fertility and population growth, health costs, the coordination and management – implementation, loss of labour market earning and productivity.2 monitoring and data collection – of interventions to prevent child marriage or early unions. An inter-sectoral mechanism, in which the role and functions of each sector are clearly identified, is also absent.

UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 3 CHILD MARRIAGE PREVALENCE IN VIET NAM: DISPARITIES AND INEQUALITIES

12.0% 10.4% 10.6% 9.3% 10.0%

8.0%

6.0%

4.0% 0.9% 0.9% 2.0% 0.5%

0.0% 2006 2011 2014

Under 15 Under 18

Figure 1. Rate of women (aged 20-24 years) who were married or in union before age 15 and 18, Viet Nam, 2014 (SDG indicator)

Source: Drawn from MICS 2006, 2011 and 2014

Data shows that one-in-10 women (aged 20-24 years) in of 15 to 17-year-old girls were ever married compared Viet Nam in 2014 was married or in union before their to 0.9% of boys in that age range. The difference in the 18th birthday and one-in-100 women bef ore their 15th percentage of married adolescents by sex increases with birthday.6 There has been little to no change in child age. Especially at the age of 17, child marriage becomes marriage rates reported by women aged 20-24 years from predominately a problem for girls.7 2006 and 2014 (Figure 1). While child marriage occurs throughout Viet Nam, not all girls face the same risk of becoming a child bride. During this period, the prevalence among girls aged 15- Wide disparities across regions and residence are evident 19 years married at the time of Multiple Indicator Cluster (Figure 2). The highest rates of women (aged 20-49 years) Survey (MICS) in Viet Nam almost doubled, from 5.4% in married before their 18th birthday were found in the 2006 to 10.3% in 2014, which might indicate that child Northern Midlands and Mountainous area (18.8%), the marriage is on the rise. It should be noted that this age Central Highlands (15.8%) and the Mekong River Delta group also consists of 18 and 19-year-old women, who fall (13.8%). All regions in Viet Nam showed an increase in outside the definition of child marriage. There is no MICS prevalence between 2006 and 2014, except for the Red data available of girls aged 15-17 years currently married. River Delta. In addition, child marriage was more common Most child marriages involve girls, although underage in rural areas (13.3%) than in urban ones. Still, 6.7% of boys are also married in Viet Nam. The Inter-Censal urban women (aged 20-49 years) were married before the Population and Housing Survey 2014 shows that 3.9% age of 18.8

4 UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE Figure 2. Regional differences: rates of women (ages 20-49) who first married or in union before age 18, 2014 Source: Adapted from UN Women, Making Inclusive Growth Work for Women […], 2016

Education plays an important role in the prevalence of According to the Inter-Censal Population and Housing child marriage. Girls with no education are almost seven Survey 2014, people living in households with a large times more likely to marry in childhood than those who number of people were more likely to marry early. completed higher secondary education. In addition, Interestingly, the survey found that the gender of the children whose parents have a higher level of education household head, father or mother, did not affect child run a lower risk of becoming a child bride.9 As shown in marriage. The age of the mother or father does have an Figure 3 (see page 6), there is also a substantial gap in the effect, namely child marriage decreases as parental age rate of child marriage between the poorest and richest increases. Furthermore, children with a single parent tend households.10 A child bride is more likely to be a member to marry early.12 of one of the 53 ethnic minority groups in Viet Nam than a member of the majority Kinh population. In 2014, 23.1% of It is noticeable that the national rate of married girls ethnic minority women (aged 20-49 years) were married whose spouses were 10 or more years older is relatively before the age of 18. Still, a significant percentage of Kinh high, namely 5.8% for girls aged 15-19 years and 4.7% women (9.2%) were married before their 18th birthday. for women aged 20-24 years in 2014. Considerably more The rate of child marriage is especially high in ethnic Kinh women had husbands or partners more than 10 minorities with small populations (less than one million).11 years older (8.9% for the 15-19 age group and 5.7% for the 20-24 age bracket).13 In some countries, the existence

UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 5 of a larger age gap between married TOTAL spouses is caused by a norm that it is preferable for wives to be much younger than husbands. Such a norm REIDENCE may fuel child marriage and reinforce Rural 14 gender hierarchies within marriage. ran Therefore, it is important to get a better understanding of the reasons EDCATION for the large age gap between spouses No educaion in Viet Nam. rimary econdary EALTH oores Middle Riches ETHNICITY OF HOEHOLD HEAD Ehnic Minoriy inhHoa

Figure 3. Rates of women (ages 20-49) who were married or in union before age 18 by background characteristics, Viet Nam, 2014. Source: Drawn from MICS 2014

CHILD MARRIAGE: A COMPLEX PRACTICE DRIVEN BY MULTIPLE FACTORS

Quantitative survey data provides important indications TYPES OF CHILD MARRIAGE of trends and relations between child marriage and socio- IN VIET NAM 14 demographic characteristics. However, it presents only a partial picture of the factors that influence child marriage Family arranged marriage: Child marriage is seen as a and early unions. In designing an effective programmatic tradition. It is often linked to early labour. Poor families response to child marriage and early unions, more marry children to bring them into the family workforce information is needed on the specific drivers and different (e.g. domestic work, agricultural labour). A “bride price” types of child marriage that take place in Viet Nam.15 There may be paid by the groom’s family to compensate the is a need for a nuanced understanding of why children get bride’s family for the loss of labour. married in Viet Nam, under what circumstances decisions Love marriage: Young couples drop out of school to get to get married or enter a union are made and how context married or move in together without registration to avoid influences marriage and unions. Global research has shown fines. that a one-size-fits-all approach will not work to end child marriage.16 Interventions must be aligned with specific Marriage to “resolve pregnancy”: Early pregnancy leads challenges, gaps, deprivations and vulnerabilities faced by to child marriage to address the shame associated with children in particular geographic areas. The drivers of child premarital sex. marriage and early unions vary from one community to the next and may differ across regions of Viet Nam. However, the Bride abduction/trafficking:Kidnapping of girls without following main driving factors can be identified: consent. Trafficking of girls to China to sell them into marriage.

6 UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE © UNFPA VIET NAM\2010\ELLEN KRIJGH NAM\2010\ELLEN VIET UNFPA ©

At heart, child marriage is rooted in gender inequality. significantly less opportunities to attend school than boys. Gender inequality continues to negatively affect girls’ Gender discrimination against women and girls in returns on education, access to sexual and reproductive Vietnamese society is maintained and fostered by health services, decision-making power and control over patrilineal/patrilocal17 kinship systems. These systems resources, which exacerbates the prevalence of child have been historically practised and lay at the heart marriage.20 In the patrilocal system, women are expected of gender inequality. Stereotyped gender-based roles to marry young and move in with their husband’s family, and son preference are still deeply entrenched in have children and contribute to the household. Cultural Vietnamese society. Vietnamese women and girls are norms and practices, including patrilineal/patrilocal traditionally seen as ‘low value’ and are expected to systems relating to gender roles and unequal power perform prescribed roles in the domestic sphere as wives between men and women are key driving factors of child and mothers, daughters and their status closely relates marriage and early unions in Viet Nam. to these roles. Traditionally, daughters are considered temporary members of the family, while sons are Child marriage is linked to cultural norms and expected to be leaders of the family, community and practices. society. Adult sons usually hold responsibility for old-age care for their parents, often sharing a household with The cultural notion of “childhood” and the beginning them and sons tend to inherit substantially more from of adulthood differs throughout Viet Nam. Some their parents than daughters. Women bear most of the communities assume new roles and responsibilities for responsibility for unpaid domestic work and care, which children at an early age. The Law on Children 2016 upheld has the effect of undermining women’s position in the the age limit of 16 years for the definition of a child, which paid labour market.18 Girls not married at a young age shows that this assumption does not solely apply to may be stigmatized by the community.19 While Viet Nam ethnic minority groups, but is a widespread cultural and has made progress on gender equality, improvements legal notion in Viet Nam. This partly explains the practice are not proportionately shared between regions and of child marriage and the acceptability thereof within population groups. For example, access to education for communities. Marriage is perceived as an important girls has improved, but not for H’mong girls who have milestone in a child’s life as it marks the start of adulthood

UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 7 82% 70% 70% 73% 72% 61% 62% 49%

28%

Total Red River North North North South Central South South Delta East West Central Central Highlands East West Coast Coast

Figure 4. Multi-dimensional child poverty in Viet Nam by region, 2012

Source: UNICEF et. al., Multi-dimensional Child Poverty of Ethnic Minority Children Situation, Dynamics and Challenges, 2015 and maturity. It confers social status, responsibility and contribute to child marriage, but they may also play security. a positive role in the prevention of the practice.24 For example community, commune or village leaders can Viet Nam has a long-standing traditional practice of play key roles in responding to girls’ needs and inspiring parents arranging marriages for their children. However, them regarding their futures.25 There is a need for a more children themselves also decide to marry regardless of refined understanding of cultural norms and practices that parents’ views. A recent study found that, generally, boys promote or can help prevent child marriage. are active and girls are passive in making a marriage decision.21 Girls are afraid of being single and losing The current national approach and public rhetoric towards opportunities to marry when they are older. They are child marriage all too often echoes the stereotype that afraid of “becoming old-maids or ‘left over girls’”.22 “backward customs” of ethnic minority groups are the Marriage provides personal security. Social pressure and main cause of the practice. This ignores the that there networks may influence a girl’s decision to marry. Under is a significant rate of Kinh girls who enter into child pressure of honour and economic security, parents often marriage and early unions.26 Furthermore, this approach agree with marriages of their children.23 aggravates the already deeply-rooted discriminatory stereotype of ethnic minorities as backward and inferior. Child marriage is often portrayed as a problem associated Moreover, the stigmatization that girls and women are the with traditional norms and practices of ethnic minority oppressed and helpless victims of patriarchal repression communities. While child marriage prevalence is indeed and backward customs reinforces gender inequality, one higher in some ethnic minority communities, it cannot of the driving factors of child marriage, and obscures the exclusively be linked to ethnic cultures. Ethnic culture in different forms of child marriage that exist in Viet Nam. Viet Nam is not monolithic: there are 53 ethnic minority groups that have their own cultures and traditions. Child marriage is not practiced in all ethnic minority cultures. Economics play a critical role in the perpetuation of There are multiple interrelated factors to consider, such child marriage. as gender norms, poverty, lack of access to services and limited future opportunities. Ethnic cultures may Child marriage and early unions are closely tied to poverty

8 UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 94% 90%

70%

Total Kinh/Hoa Ethnic Minority

Figure 5. Lower secondary school completion rate by ethnicity of household head, Viet Nam, 2014

Source: MICS 2014 and economic hardship. While Viet Nam has made that they will contribute to the adult workload, especially great strides in poverty reduction, there are still many within households confronted with poverty.30 In Viet challenges. The poverty rate remains high in remote Nam, almost three million children aged 5-17 years are areas of Viet Nam, where a high concentration of ethnic engaged in economic activities with the gender mix minorities live. The living conditions in these areas are being boys (57%) and girls (43%). A significant number of harsh. In 2014, 29% of ethnic minorities lived below the these children live in rural areas (86%).31 poverty line, with exceedingly high poverty rates among H’mong (61.5%) and Thai (38.9%).27 Moreover, looking Child marriage is connected to limited life options for at multi-dimensional child poverty – the combined children. poverty rate from the domains: education, shelter, child labour, water and sanitation, healthcare and social Many Vietnamese children face challenges in creating inclusion – the prevalence of child poverty among ethnic new futures for themselves.32 This lack of alternative life minority groups is much higher, namely 81.1% in 2012. In options drives children into marriage and early unions. comparison, this rate was 28.9% for Kinh children.28 Children face structural constraints, such as social norms that determine expectations of them or the absence Not everyone who lives in poverty is subjected to of quality education and non-agricultural employment child marriage or early unions. So how does living in options. Ethnic minority girls, in particular, have limited poverty become a driver? Economics are often closely space to develop and practice agency.33 A large number intertwined with social norms on the status of girls. Girls of children in Viet Nam are out of school, which is a cause generally have less control over family resources, such as and an effect of child marriage and limits life options for income, land or equipment for agricultural production. children.34 In 2014, the national rate of children out of Therefore, marriage is perceived as providing livelihood primary school was 2.1%, higher among ethnic minority security for girls and safeguarding their future. When children (6.6%) than Kinh (1.2%). Sex differential of out- married, girls are expected to help the family-in-law with of-school children indicates a higher rate among ethnic domestic work and economic activities.29 It is a general minority girls at primary and secondary level, namely expectation imposed on adolescents – boys and girls – 7.9% of ethnic minority girls drop out compared to 5.5%

UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 9 of ethnic minority boys. At lower secondary education access to a stable job with adequate pay can be a level, the national rate of out-of-school children stands challenge and marriage or union may continue to be the at 6%, of whom 4.2% belong to Kinh and 14.9% belong “best option” for (financial) security. In remote areas, there to ethnic minorities. The disparity between Kinh and are limited employment options even with a university ethnic minority children becomes especially apparent degree.38 Gender biases in the labour market have led to at higher secondary level, where 19.5% of Kinh children occupational segregation where women often work in are out of school compared to 47.2% of ethnic minority low-paying occupations and women’s earnings do not children.35 In 2014, the national completion rate of lower always reflect their contributions.39 In addition, more secondary school was 90% (90.6% for boys versus 89.4% women work as unpaid family workers, particularly in rural for girls). There is a significant difference in completion areas, which is considered the most vulnerable form of rates between Kinh and ethnic minority children (Figure employment (65.7% are female workers).40 5). In most ethnic minority communities, boys have less opportunities to attend secondary school than girls. This Adolescent pregnancy is a contributor to child is not the case for H’mong girls, with three-in-four having marriage. never attended lower secondary school (75.6%).36 In traditional Vietnamese culture, a woman’s virginity Viet Nam has taken measures to improve access to is considered to be of particular value.41 Although this education for children living in remote areas, such as the is changing, sexual relations outside of marriage are establishment of boarding schools. One study suggests still a sensitive issue and pregnancy before marriage that better conditions for concentrated education is considered unacceptable. The stigmatization of at boarding schools have “partly created favourable sexual relationships outside of marriage, particularly for conditions for the development of close emotional young women, decrease adolescents’ abilities to obtain relationships and the emergence of early romantic and accurate information about sexuality and HIV/sexually sexual relationships in puberty”.37 However, it is not clear transmitted infections (STIs) and engage in safer sex.42 whether there is evidence of a higher percentage of child Limited access to comprehensive sex education and marriage or early unions among students attending sexual and reproductive health services increase early and boarding schools. Despite all efforts, even for girls who unintended teenage pregnancy, an important contributor complete secondary education or vocational training, to child marriage.43 There is a need for a much clearer

23.9% 18.7%

7.5% 8.2% 5.7% 5.1%

TOTAL Kinh/Hoa Ethnic minorities

Figure 6. Rates of women (aged 15-19 years) who have begun childbearing by ethnicity, Viet Nam, 2011 and 2014 Source: MICS 2011 and 2014

10 UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE understanding of the decision-making pathways and and information that could be used to physically locate experiences of adolescents and young adults that lead to them”.55 Traffickers increasingly use the internet, gaming early pregnancy and child marriage in Viet Nam. sites, and in particular social media to recruit victims.56 Data shows that more young people in Viet Nam are They use methods, such as deception and befriending of having sex in early adolescence: 7.8% of adolescents aged girls, to lure them into vulnerable situations. For example, 15-18 years had their first sexual intercourse before the traffickers go online to find girls in debt, invite them age of 15, while this rate was 1.3% for young people aged shopping in border provinces, then traffic them across 19-24 years.44 Contraceptive use is low, only 41% of girls the Chinese border where they are subjected to forced and 65% of boys aged 15-24 years used contraception marriage and/or sexual exploitation.57 Reliable statistics during their first sexual intercourse.45 Almost one-in-five on trafficked girls who have become victims of forced girls and young women (aged 15-24 years) reported a marriage are not available, but there is growing evidence STI or STI symptoms (17%).46 Vietnamese young people that cross-border trafficking for forced marriage is a face barriers in access to reproductive health information pressing issue.58 and services. The unmet need for contraceptives among unmarried young people is approximately 35%.47 In It follows that while digital technology offers many addition, “available services are generally not tailored to opportunities for young people, such as increased access meet the specific needs of younger age groups”.48 to knowledge - including sexual and reproductive health knowledge and networks - there are also risks involved. Inadequate access to sexual and reproductive health In general, awareness about the dangers of social services and contraceptives undoubtedly contribute to media among Vietnamese children and young people teenage pregnancies. The MICS 2014 shows an adolescent is low. Critically, parents often do not provide enough birth rate of 45 per 1,000 women aged 15-19 years, which supervision and information on the risks of the internet is average in the South-east Asia region.49 The rate of and social media, and do not teach their children how child bearing among ethnic minority girls aged 15-19 to use social media safely.59 There is a need for digital years is significantly higher and increasing (Figure 6).50 In literacy among young people and their parents, so they this cultural and social context, child marriage is used as understand the risks and develop safe online behaviour. a solution to address the unwanted pregnancy of a girl to “protect honour” of the girl and her family from social The legal framework is neither sufficiently enforced stigma and criticism. At the same time, in Viet Nam, the nor effective for certain types of child marriage. abortion uptake is high: an average of 2.5 abortions per women.51 There is insufficient data on abortions in relation While the law prohibits and sanctions child and early to unintended adolescent pregnancies. marriage, the practice continues to exist. During the conference on child and early marriage in Viet Nam in Child marriage is linked to parents and children’s July 2017, it was suggested that the enforcement of limited awareness of internet and social media risks. prohibitions created conflicts between law enforcement officers – who were often members of the community – Increased access to digital and social media and mobile and other community members.60 This is one reason why technology has enabled young people to broaden their the legal framework has not been applied consistently. social networks and deepen their connections to others Moreover, other countries have found that a strict legal without reliance on the physical world. Children and and punitive approach to reduce child marriage is not young people in Viet Nam have swiftly embraced the effective when addressing certain types of marriage or digital age and social media as an essential part of their early unions, including “love marriages” and “marriages lives. This brings opportunities, but also risks. According to resolve pregnancy”.61 The government is unable to to a recent study, the introduction of mobile phones and control the practice of under-age couples living together other telecommunication technologies has changed and marriage may still take place either without formal dating practices allowing adolescents “to find a wife much civil registration or by paying the fines. Despite awareness faster” and is creating an upward trend in adolescent of families and communities about the legal minimum relationships and premarital pregnancies, which, as age for marriage, the practice continues due to complex explained earlier, contributes to child marriage.53 underlying factors as earlier described. The implications for programming to end child marriage is that messaging Another risk posed by the internet and new social media alone does not work – alternative strategies are also environments is related to grooming, trafficking and needed. exploitation of adolescent girls.54 There is “a high level of willingness amongst Vietnamese children to share personal information on the internet, including photos

UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 11 © UNFPA VIET NAM\2010\ELLEN KRIJGH NAM\2010\ELLEN VIET UNFPA ©

1. CONDUCT RESEARCH STUDIES FOR A REFINED OPPORTUNITIES FOR ACTION UNDERSTANDING OF CHILD MARRIAGE IN VIET NAM, INCLUDING DIFFERENT TYPOLOGIES OF CHILD MARRIAGE Analysis of the situation in Viet Nam has revealed that the prevalence of child marriage has not decreased in recent There remain many unanswered questions regarding years. To meet the objective of eliminating child marriage child marriage in Viet Nam. It is recommended to by 2030 (SDG target 5.3), Viet Nam must better understand conduct studies in partnership with government, civil and take steps to address this harmful practice. Ending child society organizations and UN agencies to develop a marriage will not only contribute to SDG target 5.3 “Eliminate more nuanced understanding of the different types of harmful practices such as child, early and forced marriage…”, child marriage and early unions in Viet Nam, context- but also many other SDG targets including, but not limited specific drivers and optimum prevention measures. This to, target 1.1 on eradicating extreme poverty, target 3.1 on knowledge is essential for the design and implementation reducing maternal mortality, target 4.5 on elimination of of tailored, targeted and effective responses to child gender disparities in education, target 5.2 on ending violence marriage and early unions rather than “one-size-fits-all” against all women and girls, target 5.6 on universal access approaches, which are ineffective and waste resources. to sexual and reproductive health and rights and target It is also advised to support human rights-based and 16.2 on ending all forms of violence against children.62 This ethnographic studies on child marriage and early unions section offers five recommendations that are key to end child carried out by government and non-government qualified marriage and early unions in Viet Nam: institutions, such as local research institutions, and to use both sets of research findings for learning and informing and guiding interventions and plans. Specific areas of research also required include:

• How do context and circumstances interact to influence child marriage and early union decisions? • Which cultural and traditional norms and practices promote or prevent child marriage and early unions? • What is the role and influence of institutions on child marriage, e.g. community leaders, (boarding) schools, government and NGOs?

12 UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE • What are the adolescent decision-making pathways interventions are small-scale and fragmented. In and decisions about sexual activities that lead to early addition, approaches have mainly focused on legal pregnancy? prohibitions, penalties and awareness raising. There • What are adolescents’ behaviours and experiences in is a need to tackle child marriage and early unions accessing sexual and reproductive health information beyond a legal perspective and move towards holistic and services? What are the implications for child strategies. Integrated interventions should be developed marriage and early unions? that address all types of child marriage and apply to all • What are the drivers behind less common forms ethnicities instead of solely focusing on children in ethnic of child marriage, such as child marriage in urban minority areas (Decision No.498). It is critical to address settings, marriage of Kinh children and marriage of the underlying drivers that include gender inequality, wealthy and/or educated children? poverty and inequality. Empowerment and investment in • What influence does the internet and social media girls is key and should be at the centre of any approach have on trafficking for forced marriage? and all responses. In particular:

2. ESTABLISH A MULTI-SECTORAL COORDINATING • Comprehensive approaches including empowerment BODY of girls, create opportunities and options for all adolescent girls, of which education, empowerment Child marriage is not a stand-alone issue. For maximum and livelihoods are key. impact for girls, there are many sectors and ministries • Provision of accessible, quality health care and high- that need to integrate a focus on child marriage and early quality, comprehensive sexuality education is needed. unions in their work in a coordinated way. While some Improve children’s and adolescents’ access to quality ministries and agencies have made efforts to implement services, such as education, sexual and reproductive interventions to reduce child marriage under Decision health information and services (curative care and No. 498, there is a need for greater attention at all levels preventive services, e.g. provision of information, to effectively address the issue. Child marriage and counselling, services and referrals)63, child protection early unions are not solely practiced by ethnic minority and social care services (social work, counselling and groups, they are widespread issues that occur across psychological services). all layers of the population, including Kinh, urban and • Make relevant services and interventions available educated children. It is recommended that a government for all children under the age of 18 years. Amend agency is mandated to be responsible for the prevention the Law on Children 2016 by increasing the age and responses to child marriage. The focal point agency limit for the definition of the child from 16 to 18 should be accountable for the development of laws and years so adolescents from 16 to 18 years have access policies to protect children from child marriage. It should to appropriate care and support. Ensure health, further lead a coordinated response to child marriage education, justice and protection and other systems with strong participation and inclusion of key persons are responsive to the needs of girls. from line-ministries and agencies, provincial, district and • Empower children and particularly girls with communal levels, civil society organizations as well as education, information, skills and networks to ensure children and youth. The agency must also strengthen alternative life pathways and opportunities. data collection mechanisms necessary to monitor the • Provide guidance on how to support at-risk situation of child marriage in Viet Nam to learn and couples and children in marriage. Once identified, adapt approaches that are not effective. It is suggested there is a need to provide timely responses, clarify the newly established Viet Nam National Committee of the roles to be played by different local actors, Children (VNCC) be considered to lead on the issue of provide coordination and referrals for services and child marriage. This committee is one of considerable importantly collaborate with community-based and influence as it is chaired by a Deputy Prime Minister and non-governmental organizations. co-chaired by the Ministers of Labour, Invalids and Social Affairs (MoLISA), Health (MoH), and Education (MoET) 4. CONNECT THE AGENDA TO END CHILD MARRIAGE with membership of all relevant line ministries and TO THE BIGGER GENDER AND DEVELOPMENT agencies. PICTURE

3. BUILD A MULTI-SECTORAL AND HOLISTIC Child marriage and early unions are strongly connected APPROACH TO CHILD MARRIAGE to gender inequality, poverty and unequal socio- economic development. Rather than solely focusing There have been several activities to reduce child on child marriage, Viet Nam should consider the wider marriage in Viet Nam, such as counselling clubs, signing context in which this practice is happening and align of pledges by community leaders and awareness- its agenda to end child marriage with other national raising activities at boarding schools. However, most strategies and priorities. It is recommended to:

UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 13 © UNFPA VIET NAM\2014\DOAN BAO CHAU BAO NAM\2014\DOAN VIET UNFPA ©

• Promote gender equality and empowerment of girls women. Measures should include concerted and women, in particular: efforts in collaboration with existing networks, -- ­ Ensure equal participation in decision-making such as the Viet Nam Women’s Union, social of women at household and community levels workers and child protection collaborators. as well as in elected seats, civil service and -- ­ Remove the discriminatory legal provision for the businesses to create role models for girls and minimum age of marriage, namely 18 years for society. girls versus 20 years for boys (Art. 8(1) of the Law -- ­ Ensure economic empowerment of women on Marriage and Family).64 through vocational training, improved access to paid employment and credit for small- and • Strengthen efforts to combat multi-dimensional medium-sized start-up businesses, secure poverty among marginalized groups. women’s legal entitlements to (financial) assets • Address inequalities faced by ethnic minority groups including land, reduce women’s unpaid domestic by reducing the socio-economic gap between and care work and end (girl) child labour. ethnic minorities and the majority Kinh. Prioritize -- ­ Eliminate all forms of violence against women socio-economic development to improve living in public and private settings and ensure access standards and access to services for all ethnic minority to essential services, such as health care, social communities. services and access to justice. -- ­ Eliminate social norms that discriminate against

14 UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 5. MOBILIZE ADEQUATE FINANCIAL RESOURCES FOR • Work with the Ministry of Finance and donor COORDINATION AND IMPLEMENTATION community to support mobilization and distribution of financial resources. For implementation of successful programmes to • Ensure equitable distribution of financial resources. end child marriage and early unions there is a great Spending should be aligned with challenges, gaps, dependency on sufficient budget allocation and deprivations and vulnerabilities faced by girls in some spending. Adequate financial resources must be geographic areas. mobilized for coordination and implementation of the agenda to end child marriage by 2030. Besides increasing current resources, there must also be an equitable distribution of those resources considering the large social and economic inequalities in Viet Nam and the large disparities in the prevalence of child marriage across regions and communities. It is recommended to:

UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 15 END NOTES

1. Girls Not Brides, Understanding the Scale of Child logical Perspective. Summary Report, 2017; Bride Marriage. A User Guide by Girls Not Brides, 20 14. abduction/trafficking: ODI, Early marriage among 2. World Bank Group and ICRW, Economic Impacts Viet Nam’s Hmong: How unevenly changing gen- of Child Marriage: Global Synthesis Report, 2017, p. der norms limit Hmong adolescent girls’ options 1-93. in marriage and life, 2014; UNICEF, Understand- 3. Decision No.498/QD-TTg on Reduction of Child ing the Drivers of Violence Affecting Children in Marriage and Inter-Family Marriage in Ethnic Mi- Viet Nam, 2016; The story of Phuong’s daughter nority Areas for the period 2015-2025. who was abducted from her village and sold into 4. A National Action Plan to implement the 2030 marriage in China, available on: https://www. Agenda for SDGs was promulgated as per Decision theguardian.com/global-development/2017/aug/26/ No.633/QD-TTg dated 10 May 2017 of the Prime ready-married-kidnapped-brides-vietnam-chi- Minister. na?CMP=Share_AndroidApp_Email; All types: 5. The terms “love marriage” and “marriage to resolve Conference on Preventing and Ending Child and pregnancy” are usually used locally to excuse/ex- Early Marriage: Learning from Promising Strategies plain child marriage practices. Child marriage is and Good Practices of 29 June 2017 in Viet Nam, usually tolerated by the community where the child conference proceedings. couple love each other or the girl becomes preg- 16. See e.g. Girls Not Brides and ICRW, Taking action nant, so marriage is a way to save the reputation to address child marriage: the role of different sec- and honour of the girl and her family from cultural tors. An overview, 2016. stigma. 17. The term “patrilineal” refers to a kinship system 6. This is the international indicator selected to mon- where descent is passed through males; people itor progress on target 5.3 of the SDGs. See Viet believe that only sons can continue family lines. Nam Multiple Indicator Cluster Survey (MICS) “Patrilocal” refers to a system where married cou- 2014. ples reside with or close to the man’s relatives, while 7. General Statistics Office of Viet Nam (GSO), 2014 the woman must leave her family of birth when Inter-Censal Population and Housing Survey. Major getting married. Finding, p. 48. 18. UN Women et. al., Towards Gender Equality in Viet 8. MICS 2014, p. 228. Nam: Making inclusive Growth Work for Women, 9. GSO, Inter-Censal Population and Housing Survey. 2016, p. 48. Population Sex-Age Structure and related So- 19. E.g. ODI, Early marriage among Viet Nam’s cio-Economic Issues in Viet Nam, 2014, p. 55. Hmong: How unevenly changing gender norms 10. MICS 2014, p. 229. limit Hmong adolescent girls’ options in marriage 11. GSO, Inter-Censal Population and Housing Survey. and life, 2014, p. viii. Population Sex-Age Structure and related So- 20. See e.g. World Bank, Viet Nam Country Gender cio-Economic Issues in Viet Nam, 2014, p. 53. Assessment, 2011, p. 1-103, UNDP, The Women’s 12. Ibid., p. 53-55. Access to Land in Contemporary Viet Nam, 2013, p. 13. MICS 2014, p. 233. 1-96 and CEDAW Committee, Concluding Obser- 14. Plan International et. al., Getting the Evidence: Asia vations, 2015 (File No. CEDAW/C/VNM/CO/7-8). Child Marriage Initiative. Research Report, 2015, p. 21. iSEE et. al., Child Marriage in Several Ethnic Mi- 30. nority Communities in Viet Nam: An Analysis from 15. See for Family arranged marriage: ODI, Early an Anthropological Perspective, 2017, p. 51. marriage among Viet Nam’s H’mong: How unevenly 22. Ibid., p. 81. changing gender norms limit Hmong adolescent 23. Ibid., p. 80. girls’ options in marriage and life, 2014; Love mar- 24. Ibid. riage and marriage to “resolve pregnancy”: iSEE et. 25. ODI, Participatory girls’ clubs: A possible route to al., Child Marriage in Some Ethnic Minority Com- tackling restrictive social norms in Viet Nam, 2015, munities in Viet Nam: An Analysis from Anthropo- p. 9.

16 UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 26. In 2014, 9.2% of Kinh women (ages 20 to 49) were 40. GSO, Labour Force Survey, 2015. married before the age of 18. See MICS 2014, p. 229. 41. Kaljee, Sexual Stigma, Sexual Behaviors, and Ab- 27. GSO, Household Living Standards Survey 2014. stinence Among Vietnamese Adolescents: Impli- 28. UNICEF et. al., Multidimensional Child Poverty of cations for Risk and Protective Behaviors for HIV, Ethnic Minority Children Situation, Dynamics, and STIs, and Unwanted Pregnancy, J Assoc Nurses Challenges, 2015, p. 1-129. AIDS Care, 2007, p. 3. 29. ODI, Early marriage among Viet Nam’s Hmong: 42. Ibid., p. 1. How unevenly changing gender norms limit 43. UNFPA, UNESCO and WHO, Sexual and Repro- Hmong adolescent girls’ options in marriage and ductive Health of Young People in Asia and the Pa- life, 2014, p. 32 and 33. cific: A Review of Issues, Policies and Programmes, 30. ILO, Viet Nam National Child Labour Survey 2012. 2015, p. 1-126. Main finding, 2014, p. 14. 44. National Survey on Sexual and Reproductive Health 31. Ibid., p. 16. among Vietnamese Adolescents and Young Adults 32. Young People. UN Brief 2012-2016, p. 3-5. aged 10-24. 33. See e.g. Early marriage among Viet Nam’s Hmong: 45. Ibid. How unevenly changing gender norms limit 46. UNFPA, UNESCO and WHO, Sexual and Repro- Hmong adolescent girls’ options in marriage and ductive Health of Young People in Asia and the Pa- life, 2014, p. 18. Agency means the capacity of an in- cific: A Review of Issues, Policies and Programmes, dividual person to act independently, to make their 2015, p. 51. own free choices and to impose those choices on the 47. Young People. UN Brief 2012-2016, p. 5 with a ref- world. erence to SAVY 2 (2010). 34. Please read: UNICEF et. al., Out-of-School Chil- 48. Ibid. dren in Viet Nam: A Country Study, 2013, for an 49. MICS 2014, p. 136. UNFPA, UNESCO and WHO, analysis on the barriers of access to education. Sexual and Reproductive Health of Young People 35. MICS 2014, p. 197-201. in Asia and the Pacific: A Review of Issues, Policies 36. UN Women and CEMA, Briefing note on the Sit- and Programmes, 2015, p. 41. uation of Ethnic Minority women and girls in Viet 50. MICS 2014, p. 136. Nam, 2016. 51. See e.g. https://mariestopes.org/where-we-work/ 37. iSEE et. al., Child Marriage in Some Ethnic Minori- vietnam/ [last accessed 6-12-2017]. ty Communities in Viet Nam: An Analysis from 52. Lenhart et. al. (Pew Research Center), Teens, Tech- Anthropological Perspective. Summary Report, nology and Romantic Relationships, 2015 available 2017. See also the Conference on Preventing and on: http://www.pewinternet.org/2015/10/01/so- Ending Child and Early Marriage: Learning from cial-media-and-romantic-relationships/ [last ac- Promising Strategies and Good Practices of 29 June cessed on 6-12-2017]. 2017 in Viet Nam, conference proceedings. 53. iSEE et. al., Child Marriage in Several Ethnic Mi- 38. According to the WHO, “the unemployed popula- nority Communities in Viet Nam: An Analysis from tion in Viet Nam has a relatively high level of edu- an Anthropological Perspective, 2017, p. 101-108. cational attainment, with one-third having an upper 54. Livingstone and Mason, Sexual Rights and Sexual secondary or higher education”. WHO, Health of Risks among Youth Online. A review of existing Adolescents in Viet Nam, p. 2. See also iSEE et. al., knowledge regarding children and young people’s Child Marriage in Several Ethnic Minority Com- developing sexuality in relation to new media envi- munities in Viet Nam: An Analysis from an Anthro- ronments, 2015, p. 1-70. pological Perspective, 2017, p. 96-98. 55. UNICEF, Understanding the Drivers of Violence 39. UN Women et. al., Towards Gender Equality in Viet Affecting Children in Viet Nam, 2016, p. 17. Nam: Making inclusive Growth Work for Women, 56. Ibid., p. 16. 2016, p. 48.

UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 17 57. MoLISA and UNICEF, An Analysis of the Com- 61. Ibid. mercial Sexual Exploitation of Children in Selected 62. See for an overview of the SDGs and targets: http:// Provinces and Cities of Viet Nam, 2011, p. 69 and www.un.org/sustainabledevelopment/sustain- 70. See also US Department of State, Viet Nam 2017 able-development-goals/. Human Rights Report, USA 2017, p. 428. 63. For an overview of youth friendly health services 58. E.g. Blue Dragon Children’s Foundation report- read: UNFPA, UNESCO and WHO, Sexual and ed an increase of rescued Vietnamese girls from Reproductive Health of Young People in Asia and China, who have been subjected to forced mar- the Pacific: A Review of Issues, Policies and Pro- riage. See e.g. also the story of Phuong’s daughter grammes, 2015, p. 80-82. who was abducted from her village and sold into 64. Art. 8(1) of the Law on Marriage and Family. See marriage in China, available on: https://www. the recommendation of the CEDAW Committee to theguardian.com/global-development/2017/aug/26/ review this Law with a view to set the same mini- ready-married-kidnapped-brides-vietnam-china?C- mum age for marriage for women and men (CE- MP=Share_AndroidApp_Email. DAW Committee, Concluding Observations, 2015, 59. UNICEF, Understanding the Drivers of Violence para. 41(a), (File No. CEDAW/C/VNM/CO/7-8). Affecting Children in Viet Nam, 2016, p. 17 60. Conference on Preventing and Ending Child and Early Marriage: Learning from Promising Strategies and Good Practices of 29 June 2017 in Viet Nam, conference proceedings.

18 UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE

The Green One UN House The Green One UN House 304 Kim Ma, Ba Dinh District 304 Kim Ma, Ba Dinh District Ha Noi - Viet Nam Ha Noi - Viet Nam Tel: (84 24) 3.850.0100 Tel: (84 24) 3.850.0100 Fax: (84 24) 3.726.5520 Fax: (84 24) 3.726.5520 Email: [email protected] Email: [email protected] Web: www.unicef.org/vietnam Web: http://vietnam.unfpa.org/

Follow us: Follow us: • www.facebook.com/unicefvietnam • www.facebook.com/unfpa.vietnam • www.youtube.com/unicefvietnam