UPR Sexual Rights Database

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 decisionmaking were restricted by religion, culture and tradition and local values.

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.
Para 54) During the 27th ASEAN Summit (November 2015), Thailand and other ASEAN Member Countries signed the ASEAN Convention against Trafficking in Persons, especially Women and Children (ACTIP). The Convention has the objective to effectively prevent and combat trafficking in persons, assist victims, enhance cross-border cooperation, and provide mutual legal assistance in criminal matters and agreements on extradition. At present, the working group consisting relevant agencies is in the process of translating the Act into Thai language with a view to submit for cabinet%u2019s approval in order to proceed with the ratification.

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 22) Timor-Leste acknowledges that it has not yet ratified the CRPD, however now it is making preparations for the ratification process. The Ministry of Social Solidarity and Inclusion (MSSI), Ministry of Justice (MoJ) and the Ministry of Foreign Affairs and Cooperation (MFAC) has established a team to make preparations for ratification.

National Report:
Para 35) The Government of Timor-Leste has adopted many measures to combat violence against women and children. The Government of Timor-Leste through the Secretary of State for Equality and Inclusion has produced a national action plan for gender-based violence 2017-2020, with four important pillars, namely: the prevention of gender-based violence, providing services to victims, access to justice for victims, and coordination, monitoring and assessment of initiatives that have been developed. In 2020 the Government launched a Spotlight Initiative program with the aim of combatting gender-based violence such as violence against women and girls.
Para 77) The Government acknowledges that gender-based violence continues to occur, especially against women, however the Government continues to endeavour to reduce gender-based violence in Timor-Leste.
Para 78) The Government has launched a National Action Plan on Gender Based Violence 2017-2021 as a State commitment to resolve problems to reduce and eradicate gender-based violence that affects women, men and children in the community through coordination and the inclusive participation of all entities.
Para 79) The State has a policy of continuing to promote and protect women and girls so they can enjoy their rights and continues to reduce discrimination in public and private institutions including human trafficking, sexual exploitation, early marriage and forced marriage practices and provides equal opportunities to women to be leaders at the political level.
Para 80) The Government works with non-government organizations and has established safe and protected places for victims and survivors, offering temporary accommodation, including attending to victims and survivors of sexual abuse, domestic violence, the sexual abuse of children, or trafficking. Now there are safe rooms at the national hospital, referral hospitals and health centres in four municipalities and safe room services are provided by PRADET.
Para 81) Also shelters have been established, as part of a collaboration between the Government and civil society organisations. In 2018, there were safe shelters in all of the 13 municipalities that also guarantee the safety of victims of gender-based violence and shelters also provide training on livelihood skills with the aim of reintegrating victims into the community who have the capacity to make a living.
Para 82) To prevent sexual harassment from occurring in the workplace, the Public Service Commission has created a mechanism for reporting sexual harassment, and the Rosa CHATBOT facilitates reporting of gender-based violence in specific cases relating to sexual harassment that is committed by Public Servants in the workplace or in a public place. The Rosa CHATBOT protects the identity of those who make a complaint.

UN Compilation:
Para 9) The Committee against Torture commended Timor-Leste for its initiatives to amend its policies and procedures in order to afford greater protection of human rights and to apply the Convention against Torture, in particular the adoption of the second National Action Plan on Gender-based Violence (2017–2021);
Para 27) The Special Rapporteur noted that, in terms of access to justice and compliance with human rights standards, there were shortcomings in both the formal justice system and the customary justice system. In the customary justice system, hearings were commonly conducted in public, which was clearly unsuitable for crimes relating to emotionally vulnerable victims of domestic violence and child abuse. Some customary justice practices might entail physical punishments, in contravention of international human rights law.
Para 49) The United Nations country team also noted that gender-based violence was recognized as one of the most pervasive and widespread human rights concerns in TimorLeste, with three in five (59 per cent) ever-partnered women (aged 15–49 years) having experienced physical and/or sexual intimate partner violence in their lifetime. Of these, 86 per cent had not sought assistance from formal agencies, services or other authorities. Women and girls with disabilities, as well as lesbian, gay, bisexual, transgender, queer and intersex persons, were at an even higher risk of violence, often perpetrated by family members.
Para 50) The Committee against Torture expressed concern about the reluctance of Timor-Leste to criminalize marital rape and incest as distinct crimes, and expressed regret at the lack of information provided on the number of complaints, investigations, prosecutions, convictions and sentences imposed in cases of gender-based violence against women.

Stakeholder Summary:
Para 11) PDHJ highlighted that the formal judicial process did not provide for an accessible, fast and coherent result that ensured victims of domestic violence safety and livelihood. This caused those victims to turn to traditional justice mechanisms and remedies that might not integrate a human rights perspective.