Problems of Protecting the Rights of Prisoners of Persons with Sexual Diversity according to Thai Law

Abstract

         This article examines the history, concepts, and theories related to the protection of the rights of LGBTQ+ prisoners under Thai law, comparing these with legal measures from other countries. The study analyzes legal issues and obstacles, and provides recommendations for amending relevant laws.

         The study found that Thai laws related to the rights of LGBTQ+ prisoners still primarily adhere to gender at birth rather than gender identity. Furthermore, there are currently no laws in Thailand that recognize the rights of individuals who have undergone gender reassignment surgery to receive rights according to their current gender identity. Consequently, the treatment of LGBTQ+ individuals as prisoners is not legally protected, leading to issues such as body searches, classification of prisoners based on gender at birth, the right to file complaints in cases of sexual harassment (which only protects women), and visitation rights for LGBTQ+ individuals as partners additionally, the study examines the Yogyakarta Principles and the laws related to the rights of LGBTQ+ prisoners in Germany and the United Kingdom. These countries have laws that recognize and protect the rights of LGBTQ+ prisoners. Therefore, the absence of laws recognizing the rights of LGBTQ+ prisoners leads to unfair treatment based on gender, constituting a violation of human rights and gender equality.

          Thus, it is recommended to amend the Correctional Act B.E. 2560 (2017), Section 31(1), by adding the term "gender identity" and amending Sections 47 and 59 to include the rights of LGBTQ+ prisoners. Furthermore, it is suggested to amend the Criminal Procedure Code, Section 85, Paragraph 2, and Section 132(1) to ensure the protection of the rights of LGBTQ+ individuals during the arrest process by investigators, in accordance with universal human rights principles.