JEAIL > Volume 17(1); 2024 > Articles
Research Paper
Published online: May 30, 2024
DOI: http://dx.doi.org/10.14330/jeail.2024.17.1.05

The Integration of ILO Convention C111 into Vietnamese Labour Law and Its Implications for Gender-based Discrimination: A Feminist Legal Critique

Minh Hoang Dang & Doan Thi Phuong Diep
FPT University
669 NH 1, zone 3, Linh Xuan Ward, Thu Duc, HCMC, Vietnam.
Corresponding Author: minhdh22710@sdh.uel.edu.vn

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/liceInha University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
This study critically examines the integration of ILO Convention C111 into Vietnamese labour law, specifically examining its impact on sex-based discrimination. Employing feminist legal methodology, it assesses the reflection of the Convention’s anti-discrimination principles in national legislation and their effectiveness in promoting workplace gender equality in Vietnam. Preliminary findings suggest that, despite the Convention’s influence, there are significant obstacles to the full achievement of its objectives, largely due to socio-cultural and economic factors. The paper underscores the practical challenges of aligning the international labour standards with local laws preventing the implementation of C111’s provisions in combating gender-based discrimination in an employment setting. It argues that achieving true gender equality in employment transcends the simple adoption of international norms; it necessitates a holistic and profound approach. These insights are crucial for enhancing labour laws so as to foster genuine gender equality and emphasising the importance of practical implementation alongside the harmonisation of international standards.

Keywords : ILO Convention C111, Vietnam Labour Law, Gender-based Discrimination, Feminist Legal Theory, Critical Legal Analysis

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