UPR Sexual Rights Database

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 66) Under the purview of the Ministry of Public Health, diverse measures to eliminate violence against women and domestic violence have been undertaken, such as: integrating WHO screening tools into hospital procedures to more effectively identify victims of violence; providing emergency shelters for women; promoting local networks to prevent and address violence against women; and establishing help centres at more than 899 hospitals nationwide. These centres provide care for victims of violence as well as preparedness and skills training to prevent sexual scams and harassment both in Thailand and abroad.
Para 69) In April 2020, the Cabinet approved additional measures to prevent and tackle sexual harassment in the workplace. The Department of Women's Affairs and Family Development is also conducting a thorough review of the Prevention and Suppression of Prostitution Act B.E. 2539 (1996) in order to amend the law to suit the modern context, through Focus Group discussions with children and youth, sex workers, relevant government agencies, women and mothers and others.
Para 70) During the COVID-19 pandemic, Thailand implemented the “Stay Home, Stay Safe, For the Nation” campaign to contain the outbreak. It had the unintended consequence of preventing victims of domestic and gender-based violence from avoiding dangerous situations because they were not able to leave their residences during the Government imposed curfew and travel restrictions.
Para 71) In order to protect the welfare and safety of victims during COVID-19, a number of targeted measures were taken, including increasing personnel at social assistance centres. The Government also provided temporary shelters for victims and homeless single mothers, as well as vocational training at all eight Women and Family Development Learning Centres nationwide.
Para 72) Awareness raising is another important element in preventing violence against women in all settings. To this end, the TIJ, in collaboration with the Office of the Attorney General has published in Thai the Updated Model Strategies and Practical Measures on the Elimination of Violence against Women in the Field of Crime Prevention and Criminal Justice.

UN Compilation:
Para 11) The HR Committee noted with concern that section 17 of the Gender Equality Act (2015) allowed for exceptions to gender discrimination on grounds of religion and national security.
Para 23) CEDAW also expressed concern about the persistence of multiple barriers impeding women and girls from obtaining access to justice and effective remedies for violations of their rights, in particular for rural women, indigenous women, women belonging to ethnic and religious minority groups and women with disabilities.
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 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 46) [CEDAW] also remained concerned about the high prevalence of gender-based violence against women and girls, in particular domestic violence and sexual violence, and about the fact that the Domestic Violence Victim Protection Act of 2007 provided for the settlement of a case through reconciliation and mediation at every stage of the legal proceeding. It further remained concerned about the inadequate provision of essential services and support to victims of gender-based violence, especially victims of trafficking for sexual exploitation or labour exploitation, and victims of domestic violence.
Para 49) CEDAW expressed serious concern that women human rights defenders, in particular those advocating for land rights, protection of the environment and the rights of indigenous women, rural women, lesbian women, bisexual women, transgender women and Muslim women in the southern border provinces, had increasingly become targets of lawsuits, harassment, violence and intimidation by authorities and business enterprises.
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.
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.
Para 69) CEDAW also expressed concern about the situation of women migrant workers who were vulnerable to abuse and exploitation, in particular those who were undocumented.
Para 73) … CEDAW remained concerned that Muslim women in the southern border provinces continued to face obstacles to the enjoyment of their rights on an equal footing with men, including with regard to access to education, employment, health care and social security, and that their situation was exacerbated by the ongoing conflict in the region.

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. …
Para 50) JS13 highlighted that gender-based violence was widespread, supported by stereotypical gender roles which remained strong and led to increasing violence. JS13 and SHero also described domestic violence as deep-rooted that was considered a private matter in Thai culture. Abuse and psychological, physical and/or sexual violence against women were reportedly rampant. Women faced stigmatization and victim-blaming, dismissal by authorities that promoted settlements between victims and perpetrators, an ineffective justice system and inadequate protection. JS13 reported a 34 per cent increase in domestic violence cases during the COVID19 lockdown. JS5 also noted the special vulnerability of indigenous women to violence, including sexual and domestic.
Para 56) … Malayu women and children faced additional barriers in advancing their rights due to their intersectional identities.
Para 58) JS15 highlighted that discriminatory law and policies undermining land, community and environmental rights of indigenous peoples in Thailand had a significant negative impact on women’s lives, including poverty, food insecurity, loss gender inequality of livelihoods and traditional ways of life, and resulted in powerlessness with the landless, stateless indigenous women ... being extremely vulnerable.
Para 60) JS13 and JS5 noted the severe challenges that indigenous women had in accessing their rights, as well as the multiple forms of discrimination on the grounds of indigeneity and gender within their communities and mainstream Thai society. It highlighted that they faced racial discrimination, exclusion from participation in public life, lack of access to healthcare and education and were vulnerable to human trafficking and domestic violence.
Para 62) JS13 noted that women migrant workers faced more discriminatory work environment and worsened working conditions.
Para 68) … Malayu women were subjected to rape and sexual harassment by soldiers.
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.

National Report:
Para 36) Thailand is in the process of ... ratifying the Optional Protocol to the CRPD (cabinet approval expected by May 2016) ...

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 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