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19Сексуальное насилие над детьми во Вьетнаме: проблема и усилия, направленные на его прекращение
Чан Тхи Бик Нгок
доцент, Ханойский политехнический университет, bichngoc2201@gmail.com
Динь Тхи Винь Куй
преподаватель, Государственный Университет Вьетнама. Г. Ханой, vinhquy.dinh@gmail.com
Динь Тхи Фуонг Ань
ученица 11-го класса Средней общеобразовательной школы Посольства Российской Федерации во Вьетнаме, anhia412@gmail.com.
Впечатляющее социально-экономическое развитие Вьетнама за последние 20 лет частично создало новые трудности изменения для вьетнамских семей. Разрыв между богатыми и бедными, экономическое неравенство, безработица, урбанизация, миграция и т. д. разрушили традиционные семейные ценности и увеличивают факторы риска, угрожающие детям. К сожалению, во Вьетнаме сексуальное надругательство над детьми, тип насилия в отношении детей, которое происходит каждый день вокруг нас, дома, в школе и в обществе, приводит к серьезным долгосрочным последствиям для жизни детей, их семей и всего общества в целом, которые вызывают боль в каждом из нас и призывают нас сделать все возможное для защиты нашего будущего поколения. Ключевые слова: насилие в отношении детьми, сексуальное насилие над детьми, права ребенка, защита детей.
Child sexual abuse in Viet nam: the issue and efforts to end it Ngoc Tran Thi Bich, Quy Dinh Thi Vinh, Anh Dinh Thi Phuong
The impressive economic and social development of Viet Nam over the past 20 years has partly created new pressures and changes for Vietnamese families. The gap between the rich and the poor, economic inequality, unemployment, urbanization, migration, etc. have eroded traditional family values and increased risk factors threatening children. Unfortunately, in Viet Nam, child sexual abuse, a type of violence against children, occurs every day around us, at home, at school and in the community and causes the serious consequences for children's life, their families, and the whole society in the long term that leave the pain in each of us and call us to do all we can to protect our future generation.
Key words: violence against children, child sexual abuse, child's rights, child protection.
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Introduction
In 1990, The United Nations Convention on the Rights of the Child came into force, and currently, 196 state members of the United Nations, except the United States, ratified and became a party to it. It is a human rights treaty which declares the civil, political, economic, social, health and cultural rights of children. Under the Convention, every State Party "undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures" (Article 3).
The World Health Organization (WHO) defines that child abuse (violence against children or child maltreatment) includes all types of physical, sexual, or psychological maltreatment or neglect of a child or children, whether perpetrated by parents or other caregivers, peers, romantic partners, or strangers [1]. It can occur everywhere, in a child's home, in the streets, at schools, in communities or in the organizations (where there is child labor exploitation).
Despite the world community efforts to protect children, violence against children is still widespread and remains a harsh reality for millions of children.
According to UNICEF data, estimated by American Academy of Pediatrics experts, globally over half of all children, up to 1 billion children aged 2-17 years, have experienced physical, sexual, or emotional violence or neglect in 2015. In detail, about 7 in 10 (300 million) children aged 2-4 years regularly suffer violent discipline in their home; more than one in three (130 million) pupils aged 13-15 years have experienced bullying; nearly 732 million school-age children, half the global population aged 6-17 are not legally protected from corporal punishment at school. Around 15 million adolescent girls aged 15-19 years have experienced forced sex in their lifetime ([2, p.6].
The Minimum prevalence of child abuse of any type as of 2015 estimated by sensitivity analyses of Children ages 2-17 was 61 percent in Northern America, 65 percent in Europe, 80 percent in Asia, and 82 percent in Africa [3].
Viet Nam was one of the first countries in the world to ratify the United Nations Convention on the Rights of the Child in 1990. Understanding the importance of child protection and as a commitment to the international community, the Government of Viet
Nam has adopted a complex of laws and regulation to protect children from harm and exploitation, and promulgated many policies on child care. However, despite government and society's efforts, violence against children in Viet Nam is still widespread.
Viet Nam's population in 2017 was estimated at 93.7 million persons [4]; by age structure, the number of children under 15 years old accounts for 23.55 percent (22.07 million) [5]. According to a report by General Statistics Office, Viet Nam (GSO) and UNICEF, nearly 68.4 percent of Vietnamese children aged 1-14 are reported to have experienced violence at home by their parents and caregivers. That is, about 15 million children have ever experienced violence in their life [6, p.8].
Sexual abuse is "ugly" word that refers to "infamous" behaviors but still happens in Viet Nam society. The National Study on Domestic Violence against Women in Viet Nam conducted by GSO in 2009-2010 showed that lifetime prevalence of children under 15 years old who have been sexually abused was 2.8 percent [7, p.68].
Problem statement and Research question
Over the World the results of studies from 22 countries estimated that 7.9 percent of male and 19.7 percent of female had suffered some forms of sexual abuse before the age of eighteen [8]; respectively, 4.1 percent and 11.3 percent in Asia (Fig.1).
Child sexual abuse (CSA) is a form of child abuse. It includes a wide range of actions between a child and an adult or older child. It is often related to sexual activity that the child does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared [9]. The Vietnamese Law on Children 2016 (Law №.102/2016/QH13) defines that "CSA refers to the act of using violence, threatening to use violence, forcing, persuading or seducing a child to engage in sexual acts. CSA includes rape, aggravated rape, sexual intercourse or molestation with children and use of children for prostitution or pornography in any form" (Article 4). In short, a child is sexually abused when they are coerced or persuaded to participate in sexual activities with or without physical contact.
CSA is the frustrating issue of the human community.
Figure.1. - Global prevalence of self-disclosed abuse by continents; source: [10].
In Viet Nam, although progress has been made in changing the concept and practice of child care and protection, behaviour and acts of child abuse in various forms such as physical, emotional and sexual, and labor abuse remain common in contrast with our efforts and desires. There are no official statistics on CSA, and the figures are not accurate (if any), often only reporting registered severe sexual abuse cases. The term "case" mainly means to note the occurrence rather than the headcount. We can find some sensitive numbers in studies or surveys. The surveys conducted with students aged 12-17 show different results of the lifetime prevalence of CSA. For example, 19.7 percent as a result of 2006 Cross-sectional survey [11] or 7.1 percent from Viet Nam prevalence study on child maltreatment [12].
The mentioned above figures do not represent the situation of CSA in whole country. Firstly, the surveys do not mention children under 12 years old; secondly, the difference of the results is due to the surveys conducted with students at the school in different localities (not with the street children who are at high risk of being abused); and lastly, the awareness and boldness of telling the truth of students living in cities, rural or mountain areas are also at different level.
The report of the Ministry of Labour, Invalids and Social Affairs (MOLISA) to the National Assembly on June 6, 2018 showed that in five years (2011-2015), in the entire country, there were 8,200 child abuse cases with nearly 10,000 victims reported, 258 victims increased compared to the previous five years. The number of cases of CSA accounted for 5,300 cases (about 65 per cent) [13].
Violence against Children, including CSA, is a real existence in Viet Nam. The purpose of this study is to clarify characteristics of CSA behaviors in Viet Nam and the consequences for victim's lives, and to contribute the author's initiative to community efforts to end violence against children.
Methodology and Data
Comparative research methods highlight the severity of CSA in Viet Nam based on published data. External desk research is applied by authors, using data sources from international and Vietnamese studies; official UNICEF's reports; reports of MOLISA, Ministry of Public Security (MPS); GSO statistics data; results of surveys conducted by Researcher's groups, UNICEF and GSO, and other organizations.
Limitations of data accuracy
The data of conducted surveys are only relatively accurate, because of the psychological, traditional ethical reasons, cultural level, awareness and other problems of children and participants responding to survey sample form or interview.
Moreover, CSA is an issue that everyone does not want to talk about as it touches the moral standards, self-esteem and shame of each individual, as well as the community. Therefore, it is not surprising that the figures on CSA are often inaccurate, because the perpetrators are often close acquaintances around the children, and the sexual abuse cases are often concealed by other relatives because of humiliation,
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and sometimes of humanitarian reasons for the victim's normal life in the future.
Additionally, violent acts against children and CSA cases are discovered, reported and dealt with according to the law only when they reach the criminal threshold. Thus, the published data may be just "the floating part of the iceberg".
Discussion
In 2006, the Cross-sectional survey in a convenience sample of eight secondary schools in urban Hanoi and rural areas of Hai Duong province (Northern Viet Nam) was conducted by a group of experts. 2,591 students aged 12 to 18 years (94.7 percent) out of 2,737 from 61 classes eligible to participate completed the questionnaire [11]. As part of the survey results, the lifetime prevalence of child abuse of specific types is summarized in Fig. 1.
Male % ■ Whole sample %
Emu! tonal abuse Physical »bust; Soma] abuse Neglect none One lype Two lype Three lype A]] four lype
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Figure 2. - Lifetime prevalence of specific types of maltreatment and of multiple types of maltreatment in childhood in cross-sectional study, Viet Nam, 2006; source: [11].
The General Police Department of MPS has reported that the number of registered child violence cases is only a small fraction of reality. The majority of victims are girls aged 12-15, accounting for 57.4 6 percent. However, a heartbreaking reality is that the children under 6 years old being sexually abused accounts for 13.2 percent [14]. About 80 percent of victims are female [15].
Table 1.
Number of child abuse cases reported in 2011-2017 and six month of 2018
Total number Number of Rate
of child abuse sexual abuse per cent
cases reported cases
2011-2015 8,200; 10,000 victims 5,300 64.63
2016 1,641 1,211 73.80
2017 1.592 1397 87.75
6 months of 720 573 79.58
2018
Source: [13], [16].
The situation is an alarming bell for Vietnamese society. In order to be able to take preventive measures, we should have to deeply analyze the situation of CSA and its extraordinary specialties.
1. In recent years, although the number of child abuse cases decreased, the rate of CSA cases increased (Table 1), and victims of CSA not only are children of older age groups, but also are children
under 6 years old (13 percent of total cases), showing the increasingly complex and unpredictable evolution of this form of crime.
2. It is worthily noted that in most CSA cases offenders are acquainted with their victims: 21.3 percent are family members (father, stepfather, adopted -father, brother, cousin, uncle); 6.2 percent relates to school staff (teachers, caregiver, and school guard); 59.9 percent are other acquaintances (baby-sitters, or neighbors); roughly 12 percent are strangers [17].
3. Parents, family members and caregivers do not know about the characteristics of child psychophysi-ology and the risks that children may be at, and do not openly talk to children about gender issues. Therefore, it leads to a lack of understanding among children about the physiological and sexual characteristics of their ages, and to a limitation of knowledge as well as skills to prevent sexual abuse.
4. The fast differentiation between rich and poor people and the gap in living conditions in the period of market economy development, rapid urbanization, family rifts and erosion of traditional cultural values were the reasons that lead to an increasing number of out-of school children (OOSC), who are vulnerable to abandonment, neglect, abuse and labour, sexual exploitation. The worrisome numbers of OOSC reported in the "2016 Report on Out-of-school Children: Viet Nam country study" (Table 2).
Table 2
Age group of OOSC 2009 2014
(%) Number %
5-year-old OOSC 12.2 99,200 6.7
6-10-year-old OOSC 4.0 180,500 2.5
11-14-year-old OOSC 24.4 435,700 8.1
Source: [18].
By the end of December 2017, there had been nearly 1.45 million children in special circumstances among 26.3 million children in the country [18].
UNICEF estimated that 16 percent of children aged five to 17 years are involved in child labour, which presents risks for experiencing violence, including sexual abuse ([19]. But in Viet Nam there is a difference in the concept of child labor. Firstly, according to the Labour Code 2012, "employee" means a person who is at least 15 years of age, has the ability to work, works under an employment contract, is paid and is managed and controlled by the employer; secondly, in rural areas and low-income families in spare time children work to help their parents.
In Viet Nam, marriage before the age of 18 is prohibited under the Law on marriage and family 2014, but early marriage still occurs in many localities. Parents encourage their daughter's marriage, while they are still children in the hope that marriage will benefit them financially and socially. In fact, child marriage is a violation of human rights, harming development of girls and often leading to early pregnancy, dropping out of school and social isolation. Observing the percentages of early marriages before the ages of 15 and 18 by areas and different respondent's age groups allows for trends to be in early marriage. By
figures 3&4 we note that: (a) the proportion of early marriage in rural areas is higher than this in urban areas; (b) there is a reducing trend of early marriage in last 30 years. The situation could be explained by the gap in education and awareness levels as well as the level of protection of children in urban areas which is higher than that in rural and remote areas.
■ Before age o f 15 (%)
Before age of 18(%)
13,3
6,7
0,4 1,1
Urban area Rural area
Figures 3 & 4. - Proportion of women who were first married or entered into a marital union before the ages of 15 and 18 by area and age groups; source: [20].
One notable issue is the backward customs of Hmong people residing in mountain areas of Northern Viet Nam that exist in Viet Nam such as child marriage, or "wife robbery", or "wife capture", which are also considered as actions against children in line with current law. Originally, the "pulling the bride" is Hmong's cultural custom occurring in early spring, when the poor boy tries themselves to show his love to the girl he wants to marry. However, it was later turned into a "wife robbery" using a violent force. According to psychologists, young girls still have no knowledge about marriage, family life and reproductive health, but soon become wives and mothers; life is very hard and unhappy, leading to family breakdown. These marriages do not come from two-sided love; they are illegal; children are born without registration. Thus, most early marriages fall into tragedy. The situation sometimes goes out of control, when criminals take advantage of this custom to conduct young women trafficking.
Report from MPS on the implementation of legislation on prevention and control of human trafficking in the period of 2012 - 2017, organized by the National Assembly's Judiciary Committee August 23, 2018, shows that in the last 5 years 3,090 people were victims of human trafficking, of which 90 percent are women and children, 80 percent are ethnic minorities; 98 percent of victims were sold abroad (over 90 percent to China) [21].
6. The lack of parental attention, unconditional satisfaction on the unreasonable child's requests, the omission of their mistakes, etc. create in children bad habits and selfishness, which leads them to uncontrollable actions that are used by malicious people to harm them.
7. The rate of CSA cases in the community (59 per cent) is higher than that at home and school. To some extent, it has a connection with tourism development in some localities. The survey, conducted by the Ministry of Justice with support from UNODC-INTERPOL Project Childhood, has shown that 80 percent of respondents confirmed the fact of CSA in travel and tourism in tourist destinations in Viet Nam, and in most cases offenders are foreigners who come to Viet Nam as travellers or English teachers [22]
8. Boys are also victims of sexual abuse. World Health Organization estimates that 150 million girls and 73 million boys under 18 experienced forced sexual intercourse or other forms of sexual violence during 2002. [23]. In Viet Nam the adolescent survey in some schools resulted in a lifetime prevalence of sexual abuse of 21.0 percent for boys and 18.4 percent for girls [13]. And a paining example of sexual abuse with dozens of male students at "Thanh Son" Ethnic minority boarding secondary school (Phu Tho province) where the culprit was the rector [24], has reported in December, 2018.
9. One of the CSA forms is sexual tricks via internet. This issue is researched in many studies [25][26]. Online trespasser's tricks may be: getting acquainted and forming friendships with children; creating trust by showing interest and love; collecting personal information of children so that they can easily access, capture children's psychology and weaknesses; directing online talk on sexual topics or asking child to show body sensitive places; introducing children to black websites, pornographic images or suggesting curiosity of children about issues related to sex after becoming close to the child; showing pictures of sexually abused children and enticing children to meet face-to-face to perform sexual abuse acts. Many severe relevant cases of Internet-initiated sexual assault against adolescents are still regularly reported in the newspaper articles [27].
Consequences of CSA
CSA causes critical and long-term consequences, which affect not only the victim but also the victim's family and friends as well as the whole society and last for a victim's lifetime with serious adverse effects on health, education, social security and well-being of victims, families and society.
Sexual assault in adulthood can cause physical, psychological (mental), emotional and reproductive
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health problems, that have been found by symptoms of post-traumatic stress disorder (nightmares, flashbacks, avoidance behaviours, hypervigilance), psychological suffering (fear, nervousness, hyper-sensitivity, bad mood, negative self-assessment, difficulty experiencing pleasure), aggressive behaviours (disrespect, opposition, lying, theft, unjustified verbally or physically aggressive acts towards others, bullying), suicidal thoughts and suicide attempts, and even unsuitable sexual behavior [28].
Viet Nam's legal framework for child protection
Viet Nam has made significant efforts in strengthening measures to prevent violence against children, including improving the legal framework for child protection. In recent time, the following basic legal documents are in effect:
• Civil Code (Law №. 91/2015/QH13) confirms that all civil rights are recognized, respected, protected and guaranteed under the Constitution and law. (Article 39).
• Viet Nam Penal Code (Law №. 100/2015/QH13) deals with intentionally inflicting injury on or causing harm to the health of other persons. Regarding CSA in any form, including sexual exploitation, the offender could face a penalty of imprisonment from one year to life imprisonment, or death sentence, depending on the child age and severity of the case.
• Law №. 02/2007/QH12 on Domestic Violence Prevention and Control, 2007. This Law regulates the prevention and control of domestic violence, protecting and assisting the victims of domestic violence; the responsibilities of individuals, families, organizations, institutions in domestic violence prevention.
• Law on Marriage and Family (2014) № 52/2014/QH1319. The Law determines that husband and wife are equal, having equal rights and obligations in all family affairs and in the performance of citizens' rights. The conditions for getting married are described that the man is full 20 years or older, the woman is full 18 years or older, and the marriage is voluntarily decided by the man and woman (Article 8). That is, the Law prevents early marriage, "wife robbery" custom.
• Law №73/2006/QH11on Gender Equality, 2006 provides for principles of gender equality in all fields of social and family life, measures ensuring gender equality, responsibilities of agencies, organizations, families, individuals in exercising gender equality.
• Law № 102/2016/QH13 on Children, 2016 provides for children's rights and responsibilities, rules and methods of ensuring children's rights, duties of agencies, organization, education facilities, families and individuals to exercise children's rights and responsibilities.
• Law No. 66/2011/QH12 on Human Trafficking Prevention and Control.
Conclusion
Analyzing the situation and consequences of violence against children, especially CSA in Viet Nam,
the authors consider that the whole community, society and state have made comprehensive efforts to end this type of crimes. Effective prevention of CSA requires focusing on specific measures.
The Government and MOLISA should examine and give supplementary terms related to child protection legal acts in order to fit in current situation in the country and Convention on Child's rights, international treaties and commitments on children protection of which Viet Nam is a member. For example, the definition of children in accordance with the Law on Children still limits Vietnamese citizens being below the age of 16 years, while the United Nations Convention on the Rights of the Child stipulates that child means every human being below the age of 18 years. Therefore, there is no legal basis to ensure the rights of adolescents aged 17-18, and foreign children who are residing in Viet Nam.
The emergency telephone number for child protection, "hotline 111" has launched in December, 2017. Currently, it is necessary to use the mass communication to popularize to all people, especially children and to guide how to call and inform the incident when needed, and organize a coordinated response between law enforcement agencies, medical facilities and social workers in localities.
Local authorities should implement the child care and protection act, plan for Child protection program as stated in the National Action Program for Children for the 2012-2020 period, approved by Decision №. 1555/QD-TTg of the Prime Minister adopted on October 17, 2012, including:
- Program on prevention and control of child accidents and injuries in the 2016-2020 period (Decision №. 234/QB-TTg dated on February 5, 2016);
- Program on promoting children's participation in child issues in the period 2016-2020 (Decision №. 1235/QB-TTg dated on August 3, 2015);
- Program on domestic violence prevention and control in the period up to 2020. (Decision №. 215/QB-TTg dated on February 6, 2014);
- Program on prevention and reduction of child labor in the 2016-2020 period (Decision №. 1023/QB-TTg dated on June 07, 2016.
Moreover, the state authorities, non-governmental, non-profit organizations and other social organizations need to focus on activities as follow:
- Stepping up in publicizing the information and action of Child care and protection to raise awareness of people about CSA and its consequences;
- Focusing on forms of counseling, direct consultation and advocacy for families and communities on skills to protect children from abuse in rural, needy areas;
- Carrying out survey and reckoning children, particularly children in special situations and street children to provide material, educational and vocational support as stated in Decision №. 1555/QD-TTg and mentioned above Programs; appraising homeless children and gathering them to Social Protection Centers;
- Providing supports to families of the victims;
- Reinforcing the role of parents and families in shaping and improving the sexual health of children. Parents should take care of children, listen to the children and be their friends;
- Schools should focus more on sexuality education; teach skills of self-defense for students and children at an early age, using method recommended in E&C Center lesson of Project "E&C-TTS" [27] and "Guiding skills to prevent sexual abuse for chil-dren"[29], Vu Thu Huong's "Rules of four contact circles", etc;
- Overseeing immoral teenagers and individuals, who are more likely to become child sexual offenders.
The Law on children 2016 provides for children's rights and responsibilities; rules and methods of ensuring children's rights; duties of agencies, organization, education facilities, families and individuals to exercise children's rights and responsibilities. Nevertheless, CSA is still widespread against our wishes which negatively affect the young generation. For that reason, preventing CSB, investigating and trialing child sexual offenders are now actual issue for Viet Nam.
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