UPR Sexual Rights Database

National Report:
Para 46) The Labour Protection Act (No. 7) B.E. 2562 (2019) has further increased employee benefits by including a requirement of consent from employees in order to change employers and increasing the right to …, maternity leave …
Para 60) Five years after the enforcement of the Gender Equality Act B.E. 2558 (2015), Thailand is now reviewing the said law for maximum efficiency. It is also amending the Ministry of Social Development and Human Security’s Ministerial Regulation on the Criteria and Procedures on the Submission and Consideration of Gender Discrimination Petitions B.E. 2559 (2016) to be more consistent with changing social contexts.
Para 61) Section 71, paragraph 4 of the Constitution ensures Gender-Responsive Budgeting (GRB) at national level, for which guidelines for government agencies will soon be approved by the Cabinet. Para 62) The Women's Development Strategy 2017-2021 comprises five strategies: (1) paradigm shift measures; (2) empowerment measures; (3) enabling condition measures; (4) protective and corrective measures; and (5) measures and mechanisms to strengthen women in development. This Strategy is supported by accompanying Action Plans, the latest of which (2020-2021) boasts vocational training courses and job placement free of charge to women and female youth who lack educational opportunities, face financial hardship or are unemployed.
Para 63) On the issue of women in politics and decision-making, Section 90 of the Constitution requires political parties to take gender equality into account in preparing party lists. As a result, the number of female MPs rose to 15.7 per cent (78 persons) in 2019 from 5.4 per cent (13 persons) in 2014.
Para 64) Thailand also places importance on women’s economic empowerment by promoting gender equality in the workplace and providing advice and assistance to all employers of different sectors to improve gender equality in the recruiting process. Furthermore, the Labour Protection Act (No.7) B.E. 2562 (2019) extended paid maternity leave to 98 days.
Para 65) The Government has also pursued women’s economic empowerment at the regional and international levels. During its ASEAN Chairmanship in 2019, Thailand collaborated with the ASEAN Women Entrepreneurs’ Network (AWEN) in advocating that companies maintained gender balance in the face of present-day challenges.

UN Compilation:
Para 13) CEDAW expressed concern that women, in particular rural women, were excluded from participation in the elaboration and implementation of policies and action plans on climate change and disaster risk reduction, notwithstanding the fact that they were disproportionately affected by the effects of climate change and disasters.
Para 33) CEDAW expressed concern about the high concentration of women in the informal employment sector, including as domestic workers, who continued to be excluded from labour and social security protections, such as minimum wage protection, overtime compensation and maternity leave. It was also concerned about the persistence of discrimination on the basis of gender in the workplace, including with regard to recruitment, promotion and retirement age, which, in many factories, was reportedly set at 55 years of age for women compared with 60 years of age for men. It was further concerned about the absence of legislation prohibiting sexual harassment in the workplace, notwithstanding reports that it was widespread in the country.
Para 34) The CRPD expressed concern about the low employment rate among persons with disabilities, particularly among women, and about the prejudice against persons with disabilities.
Para 43) CEDAW expressed concern that the Department of Women’s Affairs and Family Development had been tasked with additional operational duties, thus further reducing its capacity to function effectively as the national machinery for the advancement of women. It was also concerned with regard to the lack of clarity regarding the mandate and responsibilities of the Department in the light of the new committees established under the Gender Equality Act, such as the Gender Equality Promotion Committee.
Para 44) [CEDAW] reiterated its previous concern regarding the persistence of strong stereotypical attitudes about the roles and responsibilities of women and men in the family and in society, which undermined women’s social status and constituted a root cause of the disadvantaged position of women in many areas, including in the labour market and in political and public life.
Para 45) [CEDAW] remained concerned that there were still stricter conditions for Thai women to confer their nationality on foreign spouses, and that among ethnic minority and indigenous communities, men were reportedly given priority to register for nationality, leaving a disproportionate number of ethnic minority and indigenous women without nationality and with restricted freedom of movement and limited access to education, employment, health care and social protection.
Para 48) CEDAW remained concerned that no temporary special measures had been adopted to date to increase the representation of women in political and public life. It also regretted the absence of women in the National Council for Peace and Order, which had been governing Thailand following the coup d’état of May 2014. It expressed further concerns about: the low representation of women in legislative bodies, ministerial posts and local government, as well as in the judiciary, the police force, the diplomatic service and academic institutions, in particular at decision-making levels; and the lack of representation of women from ethnic and religious minority groups and indigenous women in decision-making positions. The HR Committee made recommendations in that regard.
Para 50) [CEDAW] also expressed concern that rural women: continued to lack access to basic social services, such as education and health care, including sexual and reproductive health care, as well as access to justice; were not represented in decision-making bodies and structures at the national and local levels and were excluded from policymaking processes on issues that affected them; and faced restrictions to their right to land and natural resources, owing to land acquisition for development projects, use by the mining and other extractive industries and the zoning of national parks.
Para 60) CRPD was concerned about the lack of legislation, policies or programmes designed to protect women and girls with disabilities from multiple and intersectional discrimination and violence, and about the limited opportunities for women with disabilities to be systematically involved in decisions that concerned them directly.

Stakeholder Summary:
Para 38) … JS25 highlighted that common challenges encountered by women workers, including migrant women, included discrimination on wages, occupational safety and health hazards, precarious work and gender-based harassment and violence.
Para 49) JS13 expressed concern by discrimination against women in employment and workplace, as well as rampant violence and abuse. It also noted that the 2015 Gender Equality Act was ineffective in protecting and ensuring gender equality and the persistence of stereotypes as a contributor to discrimination.
Para 69) JPF also expressed concern about informal justice systems “hukum pakat” based on religious and cultural principles in three Southern Border Provinces, which discriminated against women and girls. Malayu Muslim women’s political participation and decision-making were restricted by religion, culture and tradition and local values.
Para 70) According to JS22 and JS28, the dialogue between the Thai government, the BRN (a militant non-state group) and other actors in the conflict was put on hold indefinitely, due to the COVID-19 pandemic. Local communities and civil society actors were not effectively engaged in peace dialogues as their views were disregarded. The participation of women was limited even though they were significantly affected by the conflict.

UN Compilation:
Para 54) CEDAW noted that section 277 of the Criminal Code had been revised to ensure that perpetrators of rape of a child under 15 years of age were not exempt from punishment. However, it remained concerned that, under section 277 (5) of the Criminal Code, the court might use its discretion to reduce the sentence of the offender and that girls as young as 13 years of age who were sexually abused could still be legally married to the perpetrator. It expressed further concern that harmful practices such as child and/or forced marriages and polygamy continued to take place, in particular in rural and remote areas.

National Report:
Para 84) The Government has been continuously implementing the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, or the "Bangkok Rules" to eliminate discrimination against women prisoners by mainstreaming gender sensitivity in the criminal justice system. Thailand Institute of Justice (TIJ) was established in 2011 and has played an important role in promoting the implementation of the Bangkok Rules through its researches and capacity-building programmes. TIJ has partnered with the Department of Corrections to initiate the Pilot Project on model prisons to implement the Bangkok Rules.

National Report:
Para 114) On the issue of the reduction of statelessness for children, Thailand has recently enacted the Civil Registration Act (No.3) B.E. 2562 (2019), which authorises registrars to accept the birth registration of children whose origins cannot be identified or who cannot show official proof of Thai nationality. Moreover, if there is proof that the child has resided in Thailand continuously for at least ten years, they now have the right to request Thai citizenship.

UN Compilation:
Para 51) CEDAW remained concerned that despite the measures adopted by Thailand, a significant number of children had not had their births registered or lacked birth registration documents and were thus vulnerable to becoming stateless.