Phuc Nguyen Van
KEYWORDS: Vietnam; non-normative sexual orientation and gender identity; identity politics; Confucianism; moral engagement
Abstract
People of non-normative sexual orientation and gender identity (SOGI) around the world continue to experience discrimination and violence, for which the states appear to bear great responsibility. In fact, discriminatory laws, criminalization, or the lack of legal recognition have pushed the sexual minorities to the margin of the society, highlighting the role of the states in this matter. In Vietnam, the communist government put a ban in 2000 that prohibited same-sex couples to perform wedding ceremonies which have a traditional and social value even without legal registration of the marriage. The ban was removed in September 2013, but no legal benefits and rights are given to such couples. In November 2015, a law was passed, enshrining rights for transgenders; however, its full enforcement depends on the adoption of another bill. In general, legal recognition and protection for non-normative SOGI in Vietnam are lacking, contributing to the high level of discrimination, and violence. Moreover, there has not been any legal progress in the matter since the favorable changes in the first half of the 2010s, which may be attributed to the State’s approaches to the issue. Therefore, this proposal will seek to analyze Vietnam’s legal framework in relation to the sexual minorities and investigate the State’s current approaches to the issue, the reasons behind its choice, and the impact thereof on the general public. The implementation of American political philosopher Michael Sandel’s Politics of Moral Engagement will also be proposed in the political setting of Vietnam, which may work to the advantage of both the State and the sexual minorities. The proposed research goes beyond the geographical border of Vietnam, serving as a point of comparison for other studies into the states under communist or socialist-oriented regimes and Confucian-influenced societies where political ideology and cultural values are usually employed to marginalize the sexual minorities.
- EMAIL: v.nguyen@unimc.it
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