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Published: 08 August 2025

The Right of Access to Justice for Persons with Disabilities: Case Study of Vietnam

Nguyễn Mai Thuyên, Bùi Kiều Oanh

Hanoi Law University

journal of social and political sciences
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10.31014/aior.1991.08.03.583

Pages: 63-72

Keywords: Ensuring, Right, Disabilities, Legal Framework

Abstract

The right of access to justice constitutes a fundamental human right, firmly established in numerous international legal instruments and widely recognised within the domestic legal frameworks of many nations. Individuals with disabilities, owing to their physical, sensory, intellectual, or psychosocial impairments—combined with prevailing societal stigma and systemic barriers—are disproportionately vulnerable to social exclusion and often face significant obstacles in exercising their right to justice on an equal footing with others. This article undertakes a comprehensive analysis and critical evaluation of the current legal provisions and institutional measures implemented in Vietnam to safeguard access to justice for persons with disabilities. Drawing upon this assessment, the article puts forward a set of targeted recommendations aimed at enhancing the national legal framework, strengthening institutional capacity, and fostering a more inclusive and accessible justice system that fully upholds the rights and dignity of persons with disabilities.

 

1.     Introduction

 

The Convention on the rights of persons with disabilities (CRPD) is the first legal instrument to comprehensively and fairly recognize the rights of persons with disabilities across all aspects of life. The bill has specific protections to guarantee persons with disabilities access to justice. Immediately after the Convention was approved by the United Nations General Assembly, Vietnam promptly followed suit, marking a significant step forward in the country’s process of integrating protections of human rights by international standards, particularly with regard to the rights of persons with disabilities. Vietnam has consistently made efforts to promote the rights of persons with disabilities, as reflected most noticably in the promulgation and refinement of its policy and legal framework. This article does not aim to provide a broad overview of the protection of all rights of persons with disabilities, but rather focuses on a specific right - the right of access to justice. It examines the current situation in ensuring this right for persons with disabilities in Vietnam and puts forward appropriate recommendations.

 

The Convention on the rights of persons with disabilities (CRPD) represents a historic milestone in the global recognition of the inherent dignity and rights of persons with disabilities. As the first comprehensive international legal instrument dedicated to the full spectrum of rights for individuals with disabilities, the CRPD enshrines their entitlement to equal participation in all areas of life, including education, employment, healthcare, political engagement, and, notably, access to justice. Adopted by the United Nations General Assembly in 2006 and entering into force in 2008, the Convention reflects a paradigmatic shift from a charity-based to a rights-based approach to disability. It challenges states to dismantle legal, institutional and societal barriers and to ensure that persons with disabilities can enjoy their rights on an equal basis with others.

 

2. An Overview of the right of access to justice for persons with disabilities

 

2.1. Concept

 

Justice” is a complex and abstract term, and to this day, there is yet to be an universally agreed-upon definition. From a linguistic perspective, “justice” is defined as: “...rightness, fairness, impartiality, objectivity, and the absence of bias” (Vietnamese Dictionary, 1999); or as “... the recognition and respect, in accordance with what is right, for the rights and interests of all people” (Nguyen Lan. Prof, 2006); or as “a principle in accordance with morality and the common interests of society” (Institute of Linguistics, 2000). At the individual level, justice is regarded as a fundamental moral virtue, reflecting a commitment to fairness and ethical conduct. From a societal perspective, it is conceptualized as a normative ideal or collective value toward which communities aspire in order to preserve social order and foster sustainable development. Legally, justice is understood to operate both alongside and independently of formal legal systems, indicating that the existence of law does not necessarily guarantee the realization of justice. While the law is built and refined to reflect and protect justice, justice itself serves as a benchmark and standard for assessing the fairness and progressiveness of a country's legal system. Therefore, justice can be understood as righteousness, fairness, and what is morally right and aligned with the common good of society. On the other hand, there is currently no official definition for the "right of access to justice". Discussions around this concept still vary between viewpoints and approaches, most notably those that interpret it broadly and narrowly.

 

In a broader context, the right of access to justice extends beyond mere access to courts and judicial bodies in cases of rights violations. It also encompasses the ability to engage with various institutions within the political system and to benefit from the humane, progressive, civilized, and ethical values that underpin a just and equitable social order. The United Nations Development Programme (UNDP) defined: “Access to justice is the ability of people to seek and obtain remedies for grievances through formal or informal institutions of justice, including institutions such as investigation, prosecution, and adjudication bodies, as well as non-formal mechanisms like national human rights institutions or parliamentary oversight bodies, adhering to human rights standards”. According to UNDP, ensuring access to justice for citizens, especially vulnerable social groups, is one of the important responsibilities of governments.

 

In a narrow sense, the right of access to justice is understood as the right to a fair trial, as acknowledged in the Universal Declaration of Human Rights (UDHR) of 1948 (Articles 6, 7, 8, 9, 10, and 11) and the International Covenant on Civil and Political Rights (ICCPR) of 1966 (Articles 14, 15, and 16) as a fundamental human right. This right is also recognized in the Convention on the Rights of Persons with Disabilities (CRPD) of 2007, the first convention specifically dedicated to a group with distinct physical characteristics and a higher risk of rights violations compared to other members of society (Articles 12 and 13). In Vietnam, while the right of access to justice is not explicitly defined in statutory law, it is implicitly embodied in the right to a fair trial as stipulated in Article 31 of the 2013 Constitution, the nation’s supreme legal document. This constitutional provision establishes a foundational link between access to justice and the legal protection of individuals. However, such protection is predominantly confined to access to judicial services, allowing individuals to exercise specific procedural rights within the formal justice system. This interpretation aligns with the conventional understanding of access to justice, which is widely recognized in the constitutional and legal frameworks of numerous jurisdictions.


Overall, the right of access to justice can be understood as the right to access legal mechanisms in both substance and procedure, and to benefit equally from the law through a system of legal norms that ensure every citizen has the opportunity to seek fairness, justice, and values consistent with morality and the common good of society.

 

Regarding the definition of “persons with disabilities”, Article 1 of the CRPD states: “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.” In Vietnam, the Law on Persons with Disabilities (2010) defines a person with disabilities as: “A person who has an impairment in one or more body parts or a functional decline, which is exhibited in the form of a disability, causing difficulties in working, daily life, and learning” (Clause 1, Article 2). Therefore, a person is identified as disabled based on functional impairments in body parts, typically shown in conditions such as hearing loss or visual impairment, which create obstacles to employment, education, or daily activities.

 

Based on the above analysis, the right of access to justice for persons with disabilities can be understood as a legally protected right, one that ensures equal access to procedural and substantive legal mechanisms through the legal system , and equal treatment in judicial proceedings. This right serves to protect individuals with impairments affecting one or more parts of the body, or with functional limitations categorized as disabilities, which hinder their ability to work, study, or perform daily activities. The core components of this right include: equality before the law and non-discrimination; the right to legal aid and the right to reasonable conditions throughout legal proceedings.

 

The term “ensuring” can be interpreted as the act of ensuring that something is fulfilled, preserved, or adequately provided. In this context, ensuring the right of access to justice for persons with disabilities refers to the obligation of the State and other relevant stakeholders to establish, implement, comply, and promote the necessary measures to protect the lawful rights and interests of individuals who have impairments or functional limitations that manifest as disabilities, causing difficulty in employment, education, or daily life. This is achieved through the legal framework and the guarantee of fair adjudication by relevant state authorities.

 

2.2.  Justice for persons with disabilities in Vietnam

 

Persons with disabilities a group vulnerable to harm within society which have the right to access justice on an equal footing with other members of society. To ensure the effective realization of this right, several critical conditions must be satisfied:First, establishing a mechanism that ensures equality between persons with disabilities and other members of society. This requirement stems from the fact that persons with disabilities possess distinct characteristics compared to others. Therefore, ensuring equality means providing persons with disabilities the opportunity to be treated equally, not only under the law, but also economically, politically, culturally, and other domains. This is not a matter of preferential treatment or “favoritism,” but rather a reflection of the State’s attention to and responsibility for safeguarding the human rights of a vulnerable group.

 

Improving the legal framework is a critical requirement for every nation in promoting human rights in general, and the right of access to justice for persons with disabilities in particular. Law is not merely a tool of the State, it is an institutional framework for realizing human rights and defining the responsibilities of public authorities. A well-developed legal system provides the foundation for persons with disabilities to fully enjoy their rights across all areas of life, on an equal basis with others. This is an essential and objective requirement in the process of building a socialist rule-of-law state in Vietnam.

 

Raising awareness among both persons with disabilities and the broader society is vital to the realization of the right to access justice. This involves dismantling societal prejudices and removing invisible barriers that prevent persons with disabilities from fully exercising their legal rights. Simultaneously, empowering persons with disabilities through legal education enables them to understand and assert their rights effectively. Public understanding and recognition of these rights are essential for fostering a non-discriminatory judicial system and embedding legal protections into everyday practice.

 

Establishing and kickstart the functioning of institutional mechanisms that guarantee the rights of persons with disabilities. These institutions include state agencies, particularly those with authority in judicial proceedings such as courts, procuracies, and investigative bodies. There should be dedicated departments or specialized personnel within these institutions to support persons with disabilities. Additionally, organizations dedicated to supporting persons with disabilities should be established to assist state bodies in disseminating legal knowledge and organizing educational sessions to raise awareness, not only among persons with disabilities but society at large. Furthermore, it is essential to establish an independent oversight body to monitor the implementation of these legal provisions, ensuring they are enforced in practice. A national human rights institution is a common model in many countries which can play a significant role in promoting human rights in broad, and in safeguarding the right of access to justice for persons with disabilities in particular.

 

The importance of ensuring access to justice for persons with disabilities extends beyond individual rights, bearing significant implications for the State and society at large.

 

For persons with disabilities, adequate legal safeguards are essential to overcoming systemic barriers and achieving full societal participation. In the absence of such protections, individuals may be denied recognition and subjected to unequal treatment. Conversely, when access to justice is assured, persons with disabilities are empowered to live with dignity, participate meaningfully in society, and no longer feel marginalized or burdensome.

 

For the State, guaranteeing access to justice affirms its progressive nature and strengthens its ability to meet international human rights obligations, particularly those under the United Nations Convention on the Rights of Persons with Disabilities (CRPD), to which Vietnam is a signatory.

 

For society, upholding the right to access justice reflects core values of equality and fairness. Effective implementation of this right contributes to the reduction of discrimination and stigma, thereby fostering a more inclusive, equitable, and humane social order. Ultimately, it supports the broader national objective of building a democratic, just, and civilized society.  

 

3. Current situation of ensuring the right of access to justice for persons with disabilities in Vietnam

 

3.1. The legal framework for ensuring the right of access to justice for persons with disabilities

 

Since joining the Convention on the Rights of Persons with Disabilities (CRPD) in 2007 and following its ratification by the National Assembly of Vietnam in 2014 through Resolution No. 84/2014/QH13, Vietnam has continued to develop and implement policies aimed at enhancing care and support for persons with disabilities. These efforts are intended to create favorable conditions for persons with disabilities to exercise their right of access to justice in practice. Nevertheless, Vietnam's legal system has yet to explicitly recognize the concept of the “right of access to justice” in general, and specifically the “right of access to justice for persons with disabilities.” However, as a member of international human rights conventions, particularly as an active member in the CRPD, Vietnam places great importance on the fulfillment and enforcement of its international obligations. Even though the aforementioned concepts may not yet be explicitly ratified, the Constitution and Vietnamese law consistently put emphasis on the fundamental values of human rights, democracy, equality, justice, progress, and non-discrimination across all areas of social and economic life. In this context, the right of access to justice for persons with disabilities is reflected in Vietnamese law through the recognition and protection of specific rights and aspects of law, including:

 

The right to equality before the Law and Non-Discrimination

 

The right to equality before the law and non-discrimination is enshrined in Article 16 of the 2013 Constitution of Vietnam the highest legal authority in the country, states that “Everyone is equal before the law” and “No one shall be discriminated against in political, civil, economic, cultural, or social life.” As human beings, persons with disabilities are entitled to fairness and must not be discriminated against on the basis of their impairments. In order to uphold the constitutional principles and demonstrate the State's commitment to supporting vulnerable groups, Vietnam has issued a broad array of legal instruments such as the 2015 Penal Code, 2015 Civil Code, 2019 Labour Code, 2015 Criminal Procedure Code, and 2015 Civil Procedure Code. These procedural laws consistently affirm the right of every individual to a fair and public trial. Notably, the Law on Persons with Disabilities 2010 guarantees the right of persons with disabilities to “participate equally in all social activities” and strictly prohibits all acts of “stigmatization or discrimination against persons with disabilities” (Law on Persons with Disabilities, 2010).

 

These provisions increasingly align Vietnam’s domestic legal framework with key international legal instruments to which the country is a member, such as the Universal Declaration of Human Rights (1948), the ICCPR, and especially the CRPD. Equality and non-discrimination are core guiding principles that permeate the CRPD. Article 5 of the Convention explicitly states: “1. Members recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. 2. Members shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.” While Vietnamese law has made notable progress in recognizing the right to equality and non-discrimination for persons with disabilities, it still lacks a dedicated, specific, and comprehensive legal provision that clearly defines this right for this distinct group. As a result, the implementation of such rights can often remain abstract and lacking in enforceable legal mechanisms, which risks creating a situation where equality exists in principle but not fully in practice.

 

The right to legal aid.

 

The right to legal aid for persons with disabilities is recognized in international law both as a fundamental human right and as a means to support other human rights (Mai, 2024). This right is outlined in various international instruments such as the Universal Declaration of Human Rights (1948), the CRPD (2007), the ICCPR (1966), the ICESCR (1966), and the Convention on the Elimination of All Forms of Discrimination Against Women (1979). Given that persons with disabilities are at higher risk of discrimination and violations of their rights and interests, legal aid is considered one of the most effective tools to ensure their access to justice.

 

According to Article 2 of the Law on Legal Aid 2017, the term “legal aid” is defined as “the provision of free legal services to eligible individuals in legal aid cases as prescribed by this Law, contributing to the protection of human rights and citizens’ rights in access to justice and equality before the law.” Furthermore, providing legal aid to persons with disabilities is considered a “responsibility of the State” (Law on Legal Aid,2017). This highlights that legal aid is not merely a humanitarian act or a form of social support, but a legal obligation of the State. Forms of legal aid include legal consultation, participation in legal proceedings, and non-litigation representation in all legal areas except for business and commerce (Law on Legal Aid, 2017).

 

The right to legal aid for persons with disabilities is recognized under Point d, Clause 1, Article 4 of the Law on Persons with Disabilities 2010, which identifies persons with disabilities as naturally eligible for legal aid services. However, Article 7 of the Law on Legal Aid 2017 provides that only persons with disabilities who meet one of the following additional conditions are entitled to legal aid: “1. People with meritorious service to the revolution. 2. Members of poor households. 3. Children. 4. Ethnic minorities residing in areas with extremely difficult socio-economic conditions. 5. Persons charged with a criminal offense aged 16 to under 18. 6. Persons charged with a criminal offense who belong to near-poor households. 7. Individuals in financial difficulty who fall into one of the following categories: a) Parents, spouses, or children of martyrs and caregivers of martyrs when they were young; b) Victims of Agent Orange; c) Elderly persons; d) Persons with disabilities; đ) Persons aged 16 to under 18 who are victims in criminal cases; e) Victims of domestic violence; g) Victims of human trafficking as defined in the Law on Prevention and Combat of Human Trafficking; h) Persons living with HIV”. As such, there are still inconsistencies in how the law defines persons with disabilities as subjects entitled to legal aid. The lack of uniformity and coherence between different legal documents has affected the understanding and implementation of this right for a portion of the disabled population. Consequently, this creates confusion and inconsistency in practice, undermining the effective enforcement of the right to legal aid for persons with disabilities.

 

The right to reasonable accommodation during legal proceedings.

 

In the field of litigation, Article 20 of the 2015 Civil Procedure Code grants persons with hearing, speech, or visual impairments the right to use language, signs, or characters specifically designed for persons with disabilities during proceedings, and provides for the arrangement of interpreters who understand these means of communication. Similarly, the 2015 Criminal Procedure Code includes provisions for interpretation at trial. Article 263 requires that if the accused, victims, related parties, or witnesses do not understand Vietnamese or are mute or deaf, interpreters must convey to them the statements, questions, answers, court decisions, and other relevant content in a way they can understand. This ensures that the intentions of persons with disabilities are conveyed accurately, which is important to ensure mutual understanding during litigation and that trials are conducted objectively, fairly, and transparently (Bình, 2022).

 

Additionally, due to the specific nature of their impairments, persons with hearing disabilities may face challenges in language or communication during proceedings. The issue of sign language is addressed in Clause 4, Article 30 of the CRPD, which states that “Persons with disabilities have the right to recognition and support of their specific linguistic and cultural identity, including sign languages for hearing impaired persons.” According to the 2015 Civil Procedure Code, procedural documents such as notices, summonses, invitations, judgments, court decisions, prosecutorial protests, and documents from enforcement agencies must be delivered or notified to persons with disabilities using the following methods  “1. direct delivery, by postal service, or through an authorized third party; 2. electronic means upon request, in line with the law on electronic transactions; 3. public posting; 4. announcements via mass media; and 5. other methods provided under Chapter XXXVIII of the Code”(Article 173 Civil Procedure Code, 2015). The 2015 Criminal Procedure Code also outlines the delivery of court decisions to defendants or their representatives, and to defense counsels, victims, and related parties within legal deadlines to allow them to exercise their rights and obligations(Article 286 Criminal Procedure Code, 2015). These provisions help ensure timely access to notifications and legal information during proceedings for all individuals, including persons with disabilities.

 

In general, Vietnam’s legal framework on the right of access to justice for persons with disabilities is increasingly comprehensive and aligned with international legal standards. This is an important foundation for pushing this right in practice and affirms the Vietnamese State’s efforts in advancing human rights. However, few legal shortcomings remain, from the definition of persons with disabilities to the specific provisions on their right to access justice, which continue to pose challenges to effective implementation. For instance, the absence of a clear and comprehensive legal framework to prevent all forms of discrimination against persons with disabilities is a significant gap. Existing legal documents do not yet clearly stipulate mechanisms for individuals or organizations to file complaints or lawsuits in cases of discrimination. Furthermore, some discriminatory acts are still not addressed in current laws, making it difficult to prevent or deal with them in practice. The lack of clearly defined coordination and oversight mechanisms also significantly affects the assurance of the right of access to justice for persons with disabilities.

 

3.2. The curren situation of ensuring the right of access to justice for persons with disabilities in Vietnam

 

According to the National Survey on persons with disabilities in Vietnam conducted by the General Statistics Office in the2023, there are approximately7 millionpersonsover 16 years oldwith disabilities across the country(The Association for the Support of Vietnamese Hanđicapped and Orphans, 2023).


Table 1: Disability rate by function and age group in 2023 (%)

Function/Group

Age 2-4

Age 5-15

Age 16+

Overall

4,44

1,56

7,31

Including

 

 

 

Visual

0,01

0,09

1,14

Hearing

0,12

0,19

2,21

Lower limb mobility

0,30

0,44

5,20

Cognition

0,34

0,59

2,68

Communication

0,62

0,47

1,10

Self-care

 

0,48

1,51

Upper limb mobility

0,13

 

2,34

Neurological                 

3,92

1,05

0,48

Multiple functional disabilities

0,38

0,64

3,65

Source: Based on calculations from VDS 2023 data

 The table above shows that disability types are numerous and diverse. Therefore, to ensure the right of access to justice for persons with disabilities, it is essential to establish appropriate mechanisms, policies, public infrastructure, and support measures tailored to each specific type of disability. In order to gradually ensure the rights of persons with disabilities more effectively, the State has been actively implementing and enhancing policies aimed at promoting care and support for persons with disabilities, thereby creating favorable conditions for them to exercise their right of access to justice. Legal documents issued by central authorities serve as the foundation for local state management agencies to carry out concrete actions. Most local authorities have issued various implementation guidelines and detailed regulations concerning the right of access to justice for persons with disabilities, particularly regarding the right to legal aid.

 

At present, legal aid is provided through the Legal Aid Centers and Legal Aid Participating Organizations. As of the end of 2023, all 63 provinces and cities in Vietnam have established Legal Aid Centers, staffed by a wide range of officials, legal aid lawyers, and other personnel involved in legal aid activities. Most legal aid cases have been assessed as meeting acceptable or higher standards of quality and have not been subject to complaints or denunciations. In many cases, the courts have handed down lighter sentences, reclassified charges, or applied more lenient sentencing frameworks than those recommended by the People’s Procuracy (National legal aid agency, 2024).

 

Through the coordinated and effective implementation of various forms of legal aid, local authorities have focused on the core task of legal aid services, particularly participation in legal proceedings. From 2018 to June 2024, legal aid organizations across the country have provided nearly 213,000 legal aid cases, of which over 120,000 involved participation in legal proceedings (accounting for 56.4%). In terms of beneficiaries, since the implementation of the Law on Legal Aid in 2017, approximately 12,800 persons with disabilities facing financial hardship have received legal aid (Thanh, 2025).



Figure 1: Legal Aid in Procedural Matters for Persons with Disabilities from 2018 to 2023

Source: Thanh, T.T. (2025). Solutions to ensure the right to legal aid in the new period. Journal of Democracy and Law, No.420 – 2025

 

These figures demonstrate that legal aid services are increasingly becoming a practical tool for protecting the legal rights and legitimate interests of aid recipients in general, and of persons with disabilities in particular. In doing so, legal aid contributes significantly to ensuring human rights, citizenship rights, and equality among different groups in society, especially for persons with disabilities, who are among the most vulnerable.

 

Nevertheless, despite these achievements, practical implementation has revealed that Vietnam’s legal framework on the rights of persons with disabilities still faces several limitations as follows:

 

There are limitations in accessing and utilizing legal aid services due to the uneven distribution of legal aid centers, especially in rural, mountainous, remote, and economically disadvantaged areas. Additionally, the management of legal aid service quality has not received adequate attention and has yet to be implemented regularly and consistently. As a result, a portion of persons with disabilities remain unaware of their right to legal aid or, even if they are aware, are unable to access these services due to insufficient outreach, dissemination, and education efforts, which often fail to align with the needs of different types of disabilities.

 

The management, inspection, evaluation, and quality assessment of legal aid services has not been sufficiently prioritized or routinely carried out. Although Vietnam has a population of over 101 million people, the number of legal aid centers remains relatively limited. Despite the presence of these centers in all centrally governed provinces and cities, they still fall short of meeting the actual needs of many localities. This has made it difficult for persons with disabilities to access and utilize legal aid services. While the number of legal aid providers continues to grow annually, it remains modest relative to the needs of a densely populated country like Vietnam. Moreover, most legal aid professionals are concentrated in major cities, which presents significant obstacles to the handling of cases in densely populated or hard-to-reach areas.

 

The current court system in Vietnam still does not ensure easy and convenient access for persons with disabilities. This remains one of the major barriers to ensuring their right to access to justice. In practice, courtrooms are often located on upper floors, posing significant difficulties for individuals with mobility impairments, especially those who are visually impaired or wheelchair users who face considerable inconvenience in reaching these spaces. Additionally, auxiliary facilities such as restrooms, holding cells, entrances, elevators, and other infrastructure within courts, police stations, procuracies, and administrative agencies are not yet appropriately designed to accommodate persons with disabilities (Bình, 2022). These shortcomings highlight the lack of consistency in policy and implementation regarding access to public buildings, an issue already emphasized in the 2010 Law on Persons with Disabilities and the CRPD.

 

4. Some recommendations to ensure the right of access to justice for persons with disabilities in Vietnam

 

Vietnam should revise the statutory definition of “person with a disability” to capture both the impairment‐specific and socially constructed barriers that restrict equal participation. Aligning the domestic definition with Article 1 of the Convention on the Rights of Persons with Disabilities (CRPD) would ensure that the legal system recognises all relevant forms of long-term physical, sensory, intellectual, and psychosocial impairments and the interactive barriers they encounter. Such alignment would also emphasise the overarching principle of substantive equality, thereby providing a firmer doctrinal basis for subsequent legislative and policy reforms.. More detail, it could be amended as follows: “A person with a disability is someone who has a long-term physical, neurological, intellectual, or sensory impairment, which, in interaction with various barriers, hinders their participation in society on an equal basis with others.”.

 

Vietnamese law should consider adding explicit provisions on the right of access to justice in general, and the right of access to justice for persons with disabilities in particular. The concept of “access to justice” in this context can be approached in a narrow sense, referring specifically to the right to a fair trial and the right to equal access to the judicial system. This content is already articulated in Article 13 of the CRPD, which requires State Parties to ensure that persons with disabilities have equal access to justice and are provided with the necessary support throughout legal proceedings. Therefore, incorporating this provision into Vietnamese law would not only fulfill international obligations but also demonstrate the State’s strong commitment to upholding human rights and citizens’ rights. At the same time, it would reflect the progressiveness and humanistic view of the national legal system. Once the right of access to justice is formally recognized, it can serve as a legal basis on the constitutional principle that “everyone is equal before the law”, for persons with disabilities to be fully acknowledged as equal right-holders under the law, entitled to legal protection of this right.

 

It is recommended that the State consider the promulgation of a comprehensive Law on Anti-Discrimination. Currently, Vietnam lacks a standalone legal instrument specifically dedicated to addressing discrimination. Instead, anti-discrimination provisions are dispersed across various sector-specific laws, each employing distinct mechanisms and approaches based on the respective regulatory domain. This fragmented legal framework may limit the coherence and effectiveness of efforts to combat discrimination comprehensively and uniformly across different sectors of society.

In oder to ensure the rights to equality and non-discrimination for persons with disabilities, it is necessary to establish a unified legal framework that clearly defines and prohibits discriminatory acts. Moreover, a dedicated law would introduce specific oversight mechanisms and penalties applicable to discriminatory behavior in general, and against persons with disabilities in particular. This would provide a solid legal foundation for protecting the rights of persons with disabilities and ensuring their equal treatment in all aspects of life.

 

The State should consider expanding the number of legal aid centers, particularly in areas with high populations of persons with disabilities or in remote regions where access to legal aid services remains limited. This measure not only aims to meet the growing legal support needs of persons with disabilities but also aligns with the broader goal of building a fair and inclusive legal aid system. Such a system would reflect the commitment to protecting groups with unique characteristics compared to other members of society. To realize this proposal, the State needs to adopt policies that enhance financial resources and implement strategies to attract, train, and retain qualified legal professionals. This would ensure the stable and sustainable operation of legal aid centers and contribute to the comprehensive and substantive realization of the right of access to justice.

 

It is necessary to synchronize the system and ensure that the design of public facilities and infrastructure within state agencies, and more specifically judicial bodies is accessible and suitable for persons with disabilities. Improving the legal framework and standards is essential to guarantee that all citizens, regardless of physical condition, can access state institutions equally. This not only fulfills legal obligations but also demonstrates the State’s commitment to inclusivity and equal participation.

 

It is essential to further strengthen legal dissemination, public education, and awareness-raising efforts to enhance understanding of the rights of persons with disabilities, particularly the right of access to justice. In the context of Vietnam’s rapid transformation and the remarkable advancement of digital technology, legal communication strategies must also be modernized in both form and medium. This includes applying technology to reach persons with disabilities in ways that are appropriate for each type of disability. Legal education initiatives should not only target persons with disabilities but also their families and society as a whole. Additionally, content on the rights of persons with disabilities should be integrated into training programs for public officials and civil servants working in the justice, health, and education sectors through regular training sessions, as well as short and long-term courses. This is not only a measure to raise awareness, but also a long-term recommendation for building a fair, democratic, and civilized society.

 

Ensuring the right of access to justice for persons with disabilities is not only a crucial aspect of protecting human rights but also a key requirement and objective of the State in building and improving a socialist rule-of-law state, aligned with the context of globalization and international integration. From the current situation of ensuring access to justice for persons with disabilities in Vietnam, it is clear that the legal framework has incorporated a number of provisions and policies aimed at supporting and safeguarding this group’s ability to exercise their rights. However, the realization of this right is still affected to some extent by various factors such as economic and social conditions, public awareness, and even the awareness of persons with disabilities themselves. Therefore, it is essential to implement a comprehensive set of legal and practical measures to improve the legal system and enhance the effectiveness of ensuring access to justice for this group.

 

 

Author Contributions: All authors contributed to this research.

 

Funding: Not applicable.

 

Conflict of Interest: The authors declare no conflict of interest.

 

Informed Consent Statement/Ethics Approval: Not applicable.

 

Declaration of Generative AI and AI-assisted Technologies: This study has not used any generative AI tools or technologies in the preparation of this manuscript.


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  12. The Association for the Support of Vietnamese Hanđicapped and Orphans. (2023). The National Committee on Persons with Disabilities of Vietnam reviewed its activities in 2023 and set out orientations and tasks for 2024. Retrieved March 19, 2025, from https://asvho.vn/uy-ban-quoc-gia-ve-nguoi-khuyet-tat-viet-nam-tong-ket-hoat-dong-nam-2023-va-de-ra-phuong-huong-nhiem-vu-nam-2024-a2477.html

  13. Vietnamese Dictionary. (1999). Vietnamese Dictionary. Vietnam Encyclopedia Publishing House.

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