The problem of protection of the rights of intersex persons According to the Constitution of the Kingdom of Thailand B.E. 2560

Abstract

This study aims to (1) explore the historical background, concepts, and theories related to the protection of the rights of intersex persons. (2) examine legal measures concerning the protection of the rights of intersex persons according to the Constitution of the Kingdom of Thailand B.E. 2560 and other Thai laws. Compare these with the protection of the rights of intersex persons under the constitutions and laws of foreign countries. (3) analyze legal problems and various obstacles related to the protection of the rights of intersex persons according to the Constitution of the Kingdom of Thailand B.E. 2560 (4) suggest guidelines for amending the Constitution of the Kingdom of Thailand B.E. 2560 and other laws related to protecting the rights of intersex persons.

This independent study employs qualitative research methods, specifically utilizing a document research approach. The research involves collection of a wide range of documents, including those in both Thai and foreign languages such as books, theses, journals, legal texts, articles, Supreme Court judgments, Constitutional Court decisions, and international court rulings. Various related documents from foreign countries are also included in the study, along with information gathered from both domestic and international sources on the internet.

The results of the study revealed four legal problems: (1) The issue of establishing the principle prohibiting unfair discrimination based on gender according to the Constitution of the Kingdom of Thailand B.E. 2560, gender is not covered. (2) Problems of the Constitution of the Kingdom of Thailand, B.E. 2560 and related laws for not having provisions for the state to have a duty to recognize and protect the rights of intersex persons. (3) The issues that the Constitution of the Kingdom of Thailand B.E. 2560 and related laws are absent of provisions mandating the state to recognize and protect the rights of intersex persons. (4) The problem lies in the absence of provisions in the Constitution B.E. 2560 and related laws guaranteeing the right to start a family for intersex persons. This study, therefore, recommends to amend the Constitution of the Kingdom of Thailand B.E. 2560 and related laws on the following issues: (1) Amending the Constitution of the Kingdom of Thailand, B.E. 2560, to lay down the principle of prohibiting unfair discrimination on the basis of gender to cover people of ambiguous gender. (2) Adding provisions to the Civil Registration Act, B.E. 2534 to establish criteria for delaying gender identification for individuals born with gender dysphoria. (3) Adding the provisions to the Female Titles Act, B.E. 2551, to set criteria for changing titles for persons of ambiguous gender without the need for surgery. (4) Amending provisions in the Civil and Commercial Code, Section. 1448 to guarantee and protect the right to form a family for intersex persons.