Bridging the gap between the law on gender equality in Vietnam and practice: A proposed approach from a socialist feminist perspective

Abstract

Vietnam has witnessed significant gender-equality achievements thanks to the great efforts of the Government in general and strong laws and policies on gender equality in particular, over the past decades. Under these laws and policies, Vietnamese women enjoy a system of rights allowing them to participate in all socio-economic and political activities. By law, Vietnamese women are equal to men in all aspects. However, in reality, besides great achievements, gender inequalities still exist in Vietnam. One perceived cause of this issue is that backward traditional ideologies of patriarchal beliefs subordinating women, together with many values hindering women’s advancement, are still deeply ingrained in the minds and the behaviour of many Vietnamese people. Unfortunately, these invisible values, together with unwritten cultural and social norms or rules of behaviour that disadvantage women, are still so powerful that they, to some extent, limit the effectiveness of the enforcement of laws and policies advancing gender equality. Vietnamese scholars and legislators have discussed this issue. However, it seems that there is not enough emphasis on solutions from feminist perspectives. For this reason, it is essential to incorporate feminism into the current Vietnamese jurisprudence. On this foundation, this article brings up Nancy Fraser’s socialist feminist theory, arguing that Fraser’s feminist theory can help deal with the gender issues mentioned above. One remarkable feature of this theory is that it points to the male-female dichotomy in patriarchal ideologies, considering the dichotomy between men and women as the root of gender disparities and thus suggesting that this dichotomy should be destabilized in order to improve gender equality. Furthermore, the transformative approach in this theory contributes to the enhancement of women’s status. In terms of structure, the article first gives a snapshot of the problem regarding gender inequalities in Vietnam, then mentions the dominant cause of this issue as well as suggested solutions from Vietnamese leaders and legislators’ perspectives, and finally, the article offers Fraser’s socialist feminist theory, which can help deal with the problem as mentioned earlier, together with a discussion of the issue from this socialist feminist perspective. The article ends with some suggestions for the Law on Gender Equality in Vietnam and the conclusion that this socialist feminist theory, given its significance and striking relevance to gender matters, can add one dimension to Vietnamese legal scholarship and can also be used as a theoretical framework for research related to law, gender equality, and social justice in Vietnam.