Protection of the Rights of Gender Diverse Children and Youths: A Case Study of Children and Youths in Detention Center

Abstract

           This article investigates guidelines for protecting the rights of juveniles with gender diversity in detention centers, employing a comparative analysis of Australian and United Kingdom legislation. The study focuses on a group with diverse sexual orientations and gender identities beyond the traditional male and female binary, requiring specific considerations for their unique characteristics. In the absence of legislation addressing this complexity in Thailand, diverse juveniles encounter inappropriate practices within detention centers. The research reveals that discrimination based on gender binarism is contrary to constitutional rights and the UNCRC, which advocate for treating diverse children equally, with dignity, and in alignment with their gender identity throughout processes such as gender identification, physical searches, placement in custody, and addressing specific needs.

         Consequently, the findings suggest the imperative for Thailand to establish sui generis legislation tailored to treat children and youths in detention centers appropriately and in accordance with their sexual features.