Children's rights and the MDGs: The right to health within Vietnam's transition towards a market economy

Health and Human Rights

Volumn 9, Issue 1, 2006, Pages 57-80

  Volkmann, Christian Salazar ^a  

^a UNICEF   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

CHILD HEALTH; HEALTH EDUCATION; HEALTH SERVICES; HUMAN RIGHTS; SERVICE PROVISION;

ASIA; EURASIA; SOUTHEAST ASIA; VIET NAM;

ARTICLE; ECONOMICS; HEALTH CARE DELIVERY; HUMAN; HUMAN RIGHTS; ORGANIZATION; PRESCHOOL CHILD; UNITED NATIONS; VIET NAM;

CHILD, PRESCHOOL; ECONOMICS; HEALTH SERVICES ACCESSIBILITY; HUMAN RIGHTS; HUMANS; ORGANIZATIONAL OBJECTIVES; UNITED NATIONS; VIETNAM;

EID: 39049193121     PISSN: 10790969     EISSN: None     Source Type: Journal    
DOI: 10.2307/4065390     Document Type: Article

References (76)

1. UNICEF, State of the World's Children Report 2006, Statistical Annex (New York: UNICEF, 2005).
2. C. Salazar V., "Childhood Injuries in Viet Nam: Some Thoughts on Prevention" (Paper presented at 1st National Injury Prevention Conference on the Implementation of the National Policy on Injury Prevention, Hanoi: December 17-18, 2002).
3. United Nations, Health Care Financing for Viet Nam (Hanoi: 2003): p. 7;
4. Ministry of Health-Central Commission for Science and Education, User Fees, Health Insurance and Utilization of Health Services (Hanoi: 2002).
5. Convention on the Rights of the Child, G.A. Res. 44/25, UN GAOR, 44th Sess., Supp. No. 49, at 166, UN Doc. A/44/25 (1989), Article 24.1.
6. Ibid.
7. Committee on the Rights of the Child, General Comment No. 4, Adolescent Health and Development in the Context of the Convention on the Rights of the Child, CRC/GC/2003/4 (2003).
8. S. Detrick (ed), The United Nations Convention on the Rights of the Child: A Guide to the "Traveaux Preparatoires" (Dordrecht, Boston, London: Martinus Nijhoff, 1992): p. 343ff.
9. The third health-related goal is MDG 6, which refers to the combat of HIV/AIDS, malaria, and other diseases. This article will not focus on this goal.
10. M. Robinson in Millennium Project: Human Rights Perspectives on the Millennium Development Goals, Conference Report (Vienna: 2003): p. 8.
11. For more detailed arguments about human rights and MDGs, see also the interesting discussions in Oversees Development Institute, Human Rights and Poverty Reduction: Realities, Controversies and Strategies. Spring Meeting Series (London: 2005).
12. Convention on the Rights of the Child (see note 4).
13. U. Johnsson, Human Rights Approach to Development Programming (Nairobi: UNICEF, 2003).
14. Committee on Economic, Social and Cultural Rights, General Comment No. 14, The Right to the Highest Attainable Standard of Health, UN Doc. E/ C.12/2000/4 (2000), as well as Committee on the Rights of the Child, General Comment No. 4 (see note 6).
15. J. van der Mortele, "Evidence suggests most countries followed 'top down' approach. People who saw fastest progress seldom belong to the poorest. A little equity will go a long way towards meeting the MDGs" (Presentation at the East-Asia Ministerial Consultation on Children, Siem Riep: 2005).
16. C. Salazar V., A Human Rights-Based Approach to Programming for Children and Women in Viet Nam: Key Entry Points and Challenges (Hanoi: UNICEF, 2004).
17. UNICEF, Implementation Handbook for the Convention on the Rights of the Child (New York/Geneva: UNICEF, 2002).
18. D. Rodrik, The Global Governance of Trade As if Development Really Mattered (New York: United Nations Development Program, 2001).
19. Salazar (see note 14).
20. Poverty Task Force, Eradicating Poverty and Hunger (Hanoi: 2004): p. 4.
21. Poverty Task Force, Improving Health Status and Reducing Inequalities (Hanoi: 2002): p. 5.
22. However, one has to take into account that the Gini-coefficient is calculated from successive rounds of Vietnam Living Standards Surveys. These surveys have been quite useful for calculating the poverty line, but less useful for the Gini, since they tend to exclude the very rich and the very poor (namely no registered migrants, people living in substandard housing, and people living in institutional housing including worker dormitories). Hence, it would be very surprising if these surveys did pick up much change in the Gini.
23. A. Duband, Macro Economic Transition in Vietnam: A Literature Review (Hanoi and Bangkok: UNICEF EAPRO/Vietnam, 2002). It should also be noted that urban migrant children are probably faced with insufficient access to health care services; however, public surveys do not collect data on informal migrant populations, and hence there are no data available to assess the situation.
24. UNICEF Vietnam, Situation Analysis of Women and Children in Viet Nam (Hanoi: UNICEF, 2006) [forthcoming].
25. Ministry of Labour, Social Affairs and Invalids (MOLISA), National Programme of Poverty Alleviation 2006-2010 (Hanoi: MOLISA, 2005): p. 13.
26. World Bank, Vietnam Development Report 2004 for Consultative Group Meeting (Hanoi: World Bank, December 2003).
27. United Nations, Country Common Assessment for Viet Nam (Hanoi: United Nations, 2004): p. 7f.
28. Committee on the Rights of the Child, Concluding Observations on Viet Nam, UN Doc. CRC/C/15/Add. 200 (2003), para. 22.
29. Food Security and Agricultural Projects Analysis Service (ESAF), Food Insecurity and Vulnerability in Viet Nam: Profiles of Four Vulnerable Groups, Working Paper No. 04-11 (Hanoi: United Nations Food and Agricultural Organization, May 2004): p. 13f.
30. Ibid.
31. T. T. Mai, Maternal Mortality Audit in Viet Nam (Hanoi: 2002). For example, recent surveys on maternal mortality have revealed serious underreporting of routine reporting data in this area..
32. There are a number of studies underway that analyze the impact of these and other targeted public health programs for children. The results of these studies will become available during 2006 and can be requested from UNICEF Vietnam.
33. World Bank, World Bank Development Report 2003 (Washington, DC: World Bank, 2003): p. 60.
34. Ibid.
35. Ministry of Health, Central Commission for Science and Education, User Fee, Health Insurance, and Utilization of Health Services (Hanoi: Ministry of Health, 2002): p. 31.
36. See, for example, state budget projections in education until 2015 in: Vietnam Education Forum, Renovation of Education Financing and Management in Viet Nam (Hanoi: Vietnam Education Forum, February 2003).
37. United Nations, Health Care Financing for Viet Nam (Hanoi: United Nations, 2003): p. 7.
38. See note 31, p. 10f.
39. Ibid.: p. 61f.
40. Ibid.
41. A. Sepehri, User Fees, Financial Autonomy, and Access to Social Services in Viet Nam, Draft UN Discussion Paper (Hanoi: United Nations, 2004): p. 16.
42. United Nations, Health Care Financing for Viet Nam (see note 35).
43. T. Anker, Evidence of the Impacts of WTO's Entry in China: Implications for Children (Beijing: UNICEF, 2001).
44. Oxfam, Extortion at the Gate: Will Viet Nam Join the WTO on Pro-Development Terms? Oxfam Briefing Paper 67 (Hanoi: Oxfam, October 2004): p. 3.
45. "The TRIPS-plus" provision on restricting for five years third-party use of clinical trials data for pharmaceutical products threatens to drive up the price of medicines for poor people. Manufacturers of inexpensive generic medicines will have to repeat the long, costly tests to obtain the same data required for regulatory approval, or will have to delay marketing their products." Oxfam (Ibid.): p. 4.
46. Sepehri (see note 39): p. 9.
47. A. Bravi, WTO and Children's Rights: Potential Implications of Vietnam's Accession (Hanoi: UNICEF, 2004 [unpublished]): p. 26.
48. See, for example, the indirect reference to this problem by Ministry of Science and Technology"...the IP (international patent) protection regime seems to limit the access of society and Vietnamese customers to a range of goods and services, even to influence the implementation of some social policies." Ministry of Sciences and Technology, Accession to the WTO and Intellectual Property System in Vietnam (Hanoi: 2003): p. 27.
49. Ford Foundation, Affordable ARV Drugs for People Living with HIV/AIDS in Vietnam: Legal and Trade Issues (Hanoi: Ford Foundation, 2004): p. 14.
50. Ibid.
51. Letter from UNICEF Vietnam to Ministry of Health (March 16, 2005) PLAN/ 2005/34/lb, ref: 10/DA-QTC.
52. B. Fahey, Review of the Production of Salt and Iodized Salt in Viet Nam (Hanoi: UNICEF, 2004).
53. Oxfam (see note 42): p. 23. WTO does provides some limited negotiation space for development causes: "In December 2002, the WTO membership agreed to exercise "restraint" in seeking commitments on liberalizing trade in goods and services from acceding least-developed countries."
54. M. T. Nguyen and B. M. Popkin, "In the Era of Economic Growth, Is Inequity Holding Back Reductions in Child Malnutrition in Vietnam?" Asian Pacific Journal of Clinical Nutrition 12/4 (2003): p. 5;
55. see also M. T. Nguyen, B. M. Popkin, "Child Malnutrition in Vietnam and Its Transition in an Era of Economic Growth," British Journal of Human Nutrition 16 (2003): pp. 233-44.
56. Vietnam Net, National Health Care Tops State Agenda (Hanoi: May 26, 2005);
57. and "National Assembly Agenda," Tuoi Tre Em newspaper (Hanoi: September 28, 2005).
58. Sepehri (see note 39): p. 4.
59. The Socialist Republic of Vietnam, The National Target Program on Poverty Reduction for the Period 2006-2010, 5th draft (Hanoi: 2005): p. 7.
60. Government of Vietnam, Law on Protection, Care, and Education of Children (June 15, 2004), Article 15.
61. Ministry of Health/UNICEF Vietnam, Situation of Free Health Care for Children Under 6 (Hanoi: 2005).
62. Vietnam, Ministerial Circular No.26/2005/TT-BTC, of the Ministry of Finance on Guiding the Management, Utilisation, and Settlement of Funds for Free Health Care for Children under 6 at Public Health Care Centres (April 16, 2005);
63. Ministerial Circular No. 14/2005/TT-BYT, of the Ministry of Health on Providing Health Consultation and Treatment and Management, Utilisation and Settlement of Funds for Health Care for Children under 6 at Public Health Care Centres (May 10, 2005);
64. and Ministerial Circular No.02/2005/TT-BYT of the CPFC on Guiding the Provision, Management, and Utilisation of Cards on Free Health Care for Children under 6 (June 10, 2005).
65. The discussions about the development of social safety nets have started only recently. There are ideas for a social protection strategy with four basic components: 1) Active labor market policy and improved information about the labor market; 2) Social insurance schemes composed of health insurance, job insurance, and voluntary schemes; 3) social assistance through national targeted program for social assistance called Hunger Eradication, Poverty Reduction, and Job Creation Programme (HERP) and other forms of social benefits such as income supplementation for the poor, child benefits, and emergency relief support; and 4) Special measures for children in need of special protection such as disabled children, children in institutions or alternative care.
66. Ministry of Labour, Invalids and Social Affairs (MOLISA)/UNDP, Taking Stock, Planning Ahead: Evaluation of the National Targeted Programme on Hunger Eradication and Poverty Reduction and Programme 135 (Hanoi: MOLISA/UNDP, November 2004).
67. Ministry of Labour, Invalids and Social Affairs (MOLISA), Brief Report on National Targeted Programme on Poverty Reduction 2006-2010 (Presentation at Workshop on National Targeted Programme on Poverty Reduction and Programme 135, MOLISA/Committee for Ethnic Minorities [CEM]/UNDP, Hanoi, January 4, 2005).
68. The Convention on the Rights of the Child stipulates that states in which ethnic, religious, or linguistic minorities live should fulfill the right of the child "to enjoy his or her own culture, to profess and practice his or her own religion, or to use his or her own language" (CRC, Article 30). All children should be educated in a spirit of respect and "friendship among all people, ethnic, national, and religious groups and persons of indigenous origin" (CRC, Article 29).
69. CEM/UNICEF, Reaching Out for Change: A Qualitative Assessment of Government Health Care and Education Policies Affecting the Women and Children of Ethnic Minorities (Hanoi: CEM/UNICEF, 2003).
70. Ibid.
71. Socialist Republic of Vietnam, Socio-Economic Development Programme for Extremely Difficult Communes in Ethnic Minority and Mountainous Areas in the Period 2006-2010, 3rd draft (Hanoi: June 2005).
72. Ibid.
73. UNICEF, Ensuring the Rights of Indigenous Children (Florence: 2004), as well as the recommendations for Vietnam in Committee for Ethnic Minorities and UNICEF, Reaching Out for Change (Hanoi: 2003) (English and Vietnamese).
74. Ministry of Planning and Investment, Foreign Investment Policy in the Process of International Economic Integration (Hanoi: 2003): p. 28.
75. Oxfam (see note 42).
76. United Nations, Millennium Development Goals (September 2000), MDG 8. Available at http://www.un.org/milleniumgoals/index.html#.