| For a summary of Thailand’s review at the second cycle please click here. |
12th UPR session
Date of review: 5 October 2011
Date of report adoption: March 2012
Working Group report: A/HRC/19/8
| Summary
Documents: The national report noted that Thailand prohibits discrimination based on sexual orientation and, under the Constitution, gender identity. However it was noted that rights relating to gender identity need to be dealt with further. The summary of stakeholders’ information gave further details on this subject. Discussions: There were no references to sexual orientation or gender identity during the Working Group session on Thailand. |
I. Key issues/recommendations identified by NGOs
- Commend Thailand’s support for March joint statement on sexual orientation and gender identity and recent HRC resolution;
- Recommend inclusion of gender identity in antidiscrimination legislation,
- Recommend access by transgender people to government documentation reflecting their self-defined gender identity,
- Recommend equal recognition of same-sex relationships
- Recommend consideration of the Yogyakarta Principles as a guide to assist in policy making.
II. Excerpts from input reports
National report
III. Promotion and protection of human rights
D. Commitments under the international human rights instruments
3. The rights of specific groups
Rights of women
77. Thailand is in the process of drafting a gender equality promotion bill which will not only protect women from discrimination, but will also prohibit discrimination on the ground of sexual orientation. It is the intention of the Constitution to prohibit unjust discrimination based on gender identity, and a person’s sexual orientation is not a crime under Thai law. Nevertheless, people with gender identity issues still have problems in accessing some basic rights due to discrimination, which needs to be dealt with further.
Compilation of UN information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
16. UNCT noted Thailand’s commitment in February 2011 to attain the “Three Zeros” goal of UNAIDS and indicated that discrimination against and stigmatization of vulnerable groups such as injecting drug users, sex workers, men who have sex with men, and transgender people inhibited the ability to reach these populations with prevention effort, and thus increased their vulnerability to HIV/AIDS. CEDAW referred to the high rate of AIDS affecting women engaged in prostitution.
Summary of stakeholders’ information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
4. Right to privacy
40. JS5 and JS9 was concerned that there was no legislation recognizing sex change and same-sex marriages, resulting in discrimination against homosexual couples in regard to inheritance, immigration, child custody, social security benefits, health and pension schemes. According to JS5, as all male-born citizens were required to present military discharge documents with their job applications, transgender people had difficulties getting employment, due to “mental illness” being stated as the reason for their discharge. ERT urged the Government to take steps to adopt comprehensive anti-discrimination legislation and policies, which JS9, JS10 and JS5 recommended should implement the requirements of ICCPR, including for recognition of changed “sex” for transsexuals and same-sex relationships.
III. References to SOGI during the Working Group review
There were no references to sexual orientation or gender identity during the Working Group session on Thailand.
IV. Adoption of the Report
The report of the working group was adopted at the 19th session of the Human Rights Council in March 2012. There were no SOGI references during report adoption.
V. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Corrigendum : E
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1 : E
Addendum 2 : E
Addendum 3 : E