A glass ceiling in law

Feminist legal scholars in most jurisdictions are hard-pressed to identify examples of overt discrimination against women in law. However, one clear example is mandated retirement ages that are lower for women than they are for men. This chapter examines this persistent form of state-sponsored legal discrimination and its far-reaching consequences. Drawing from research on women’s participation in public life in Vietnam, we demonstrate how differences in the legally mandated retirement ages for Vietnamese women and men—presently standing at 55 and 60 years of age respectively and expected to reduce to 60 for women and 62 for men, only by 2035—are a notable barrier for Vietnamese women to rise up the leadership ranks in the public administration. The chapter begins by identifying the historical origins of retirement age differences and by contrast, the current global trend toward the elimination of sex-based age gaps in retirement. Next, the Vietnam story is introduced, demonstrating the impact of a lower retirement age on women’s access to leadership but also its intersection with other socio-economic and political factors, including the responsibilities of women to care in the household, discrimination within the workplace and gender biases and stereotypes related to recruitment and promotion. This chapter concludes by marking out a pathway for reform.