Policy statement of the Cabinet on September 11, 2023 to the Parliament that the government will push for legislation supporting the rights and equality of diverse gender groups by Settha Thavisin, Prime Minister and Minister of Finance. ordered The Ministry of Justice hastened the process of proposing a draft bill. equal marriage Hopefully this will be the starting point for significant change in Thailand. Both in the social dimension and building a family. It will create legal acceptance of the creation of a family. Coexistence of people with diverse genders. Including creating the rights and duties of LGBTQ+ spouses, the Cabinet has recently received principles to prepare for entering parliament on 12 Dec. 2023.
By this draft amendment bill There is an important issue:
- Designated as two persons, regardless of gender. You can get engaged or married.
- Amend the words “male”, “woman”, “husband”, “wife” and “husband and wife” to “person”, “betrothed”, “betrothed” and “spouse” so that they have meanings that cover the fiancée or spouse. What gender will you have?
- Add grounds for claiming compensation and grounds for filing for divorce to cover cases where one spouse has an affair with another person, regardless of gender.
- Add grounds for filing for divorce to be consistent with the nature of the relationship between same-sex couples.
- Amend the period of new marriage according to Section 1453 to apply only to the case of a woman who has a man as her original spouse. Will remarry only with a man
- Stipulate Section 1504, paragraph two, in the case of a pregnant woman. Before reaching the age of majority, Section 1448 is effective only in the case of marriage between a man and a woman.
- Provide that Section 1510, paragraph two, in the case of a woman who becomes pregnant before reaching twenty years of age, shall be effective only in the case of marriage between a man and a woman.
- Designate government agencies responsible for evaluating achievement in accordance with the law to include criteria for drafting draft laws and evaluating achievement of the law. Conduct a legal review of responsibilities that determine rights, duties, and legal status. or any other matter related to husband, wife, husband and wife, or spouse to support rights, duties, legal status. or any other related matter to the spouse according to the Civil and Commercial Code as amended by this Act. This must be considered appropriate to the gender of the spouse as well. and the government agency shall conduct a review in accordance with paragraph one. and present the results of the review along with draft legislation in the event that amendments to the law are required. to the Cabinet within one hundred and eighty days from the date this Act comes into force. If unable to proceed, report the reasons for not being able to proceed to the Cabinet for information.
- Designate the Prime Minister as acting person.
Why is there a need for a ‘Marriage Equality Act’?
The right to form a family is a fundamental right guaranteed in the International Covenant on Civil and Political Rights. This is one of the international human rights obligations to which Thailand is a party. And the prohibition of discrimination is also guaranteed in the 2017 Constitution of the Kingdom of Thailand.
Currently, Thailand does not have any laws that allow LGBTIQ people to live together as a family. Can be registered as a married couple and receive rights and duties that should be Because marriage registration according to the law specifies that it must be the marriage of a man and a woman only. (Civil and Commercial Code, Section 1448) which is unfair discrimination on the basis of gender. Contrary to human rights principles and facts that appear in today’s society
In addition, Thai family laws were enacted based on the idea that there are only two genders: male and female. Currently, Thailand has no law to recognize the right to form a family for LGBTQ+ couples, which is inconsistent with the current social situation. There are many LGBTQ+ couples living together as families. and the lack of legal tools to manage family relationships. Resulting in many problems such as
- The right to decide on medical care
- The right to support and care for each other
- The right to jointly manage property
- Right to inherit
Guidelines for proposing laws and consideration procedures
- Proposing laws can be done through 3 channels:
(1) Cabinet
(2) 20 MPs or
(3) 10,000 names of citizens
- Must be considered by the House of Representatives in all 3 sessions:
Agenda 1: Accept the principles
Agenda 2 Consider principles Set up a committee and
Agenda 3 voted to approve
- Then the Senate members considered 3 more agenda items:
Agenda 1: Accept the principles
Agenda 2 Consider principles Set up a committee and
Agenda 3 voted to approve
- After the Senate approves Agenda 3, the Prime Minister will present the draft to His Majesty the King. to the King for His signature to be announced. To be published in the Royal Gazette and continue to be effective.
Progress sequence
2 April 2024, the Senate approved the draft of the Equal Marriage Act, session 1, with a vote of 147 to 4, setting up a committee to consider the draft with 27 people.
March 27, 2024, the House of Representatives approved the draft Equal Marriage Act, session 3, with a vote of 400 to 10.
3 Jan. 2024 The Cabinet acknowledged the recommendations of the National Human Rights Commission. In the case of premature marriage Change the age limit to 18 years.
21 Dec. 2023: The House of Representatives passed the first reading with 369 votes to 10, accepting the principles of all 4 equal marriage bills, setting up a committee to consider the second reading using the Cabinet draft as the main basis.
However, the drive for equal marriage laws has not just happened in this era, because in the past, both the public and political sectors Always trying to push But because the social context in each era is different. It was not completed until 2024, regardless of gender, will be close to being able to legally marry in Thailand.