UPR Sexual Rights Database

National Report:
Para 19) Since the first cycle review, a number of human rights related legislations has been passed or amended to further strengthen the promotion and protection of human rights. Some notable ones are as follows:
- The Amendment to the Criminal Code to criminalise child pornography (effective on 7 December 2015) aims at according more protection of children from a wider range of sexual exploitation, in compliance with the Convention on the Rights of the Child and its Second Optional Protocol. The Amendment, for the first time in Thai law, gives definition to "child pornography" and takes into account the advanced technology of visual representation and the spread of child pornography on the internet.

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.

National Report:
Para 81) Thailand attaches importance to eliminating violence against women. Apart from the Protection of Victims of Domestic Violence Act of 2007, additional legal measures have been adopted to further protect women. Recent developments are, among others, the Amendment to Article 397 of the Penal Code regarding the punishment of acts involving sexual harassment or intimidation both in public and domestic realms (effective in February 2015) and the measures to prevent and address sexual violations and harassment in the workplace (approved by the Cabinet in June 2015).

National Report:
Para 53) Thailand has accelerated implementation of the Strategy to Promote and Protect Children and Youth in the Use of Online Media 2017-2021 by an Act on amendment of the Penal Code (No. 24) B.E. 2558 (2015) regarding sexual offences and adding to the definition of pornography.

UN Compilation:
Para 30) While taking note of the significant efforts undertaken to address trafficking in persons and forced labour, the HR Committee remained concerned that trafficking in persons and forced labour remained and that they gave rise to significant problems, particularly regarding sexual exploitation, …
Para 63) [CRPD] expressed concern about the situation of persons with disabilities living in poverty, who were often at risk of exploitation and abuse, including begging and trafficking in persons for purposes of labour and sexual exploitation, as well as about violence against and abuse of persons with disabilities, particularly girls and women with disabilities. It regretted the absence of a disability perspective in policies for protection from violence, abuse and exploitation.

Stakeholder Summary:
Para 33) ECLJ stated that whilst the majority of trafficking victims were Thai nationals, there were victims from neighbouring countries, who were forced, coerced or deceived into labour or sexual exploitation. HKCIJ noted the impact on women victims, including starvation, unsanitary conditions and trauma from sexual exploitation. ECLJ highlighted that children were also targeted for use in prostitution and online pornography. HKCIJ noted that girls from tribal groups and ethnic minorities, stateless and refugees were most likely to be trafficked.
Para 53) HKCIJ and JS33 highlighted the vulnerability of children to online sexual abuse and violence such as cyberbullying, online grooming, theft of information, and trafficking mostly for sexual exploitation