The International Commission of Jurists (ICJ) welcomes the progress made by Thai lawmakers in the House of Representatives and Senate towards the passing of the Marriage Equality Bill. Its enactment will be a major victory for human rights defenders who have tirelessly advocated for the human rights of lesbian, gay, bisexual, transgender and queer (LGBTQ+) persons.
On 27 March 2024, Thailand’s House of Representatives voted overwhelmingly in favour of the landmark Marriage Equality Bill. Subsequently, on 2 April 2024, the Senate also voted in favour of the draft Bill at its first reading.
“Thailand has taken a momentous step towards guaranteeing the human rights of LGBTQ+ persons. If the Marriage Equality Bill is passed, it will legally recognize same-sex marriages and ensure that same-sex couples, regardless of sexual orientation, gender identity and expression, have equal access to the same benefits and protections available to opposite-sex married couples,” said Melissa Upreti, ICJ Regional Director for Asia and the Pacific.
The Bill will now be studied by a Senate-appointed 27-member extraordinary committee, nine of whom are civil society representatives. Their comments will be submitted to the Senate for its second and third readings of the Bill, which are scheduled to take place no later than July 2024. After that, the Bill will require royal assent, following which it will be published in the Royal Gazette and become law after 120 days.
If passed in its current form, the Bill will amend the Civil and Commercial Code by replacing the gendered terms of “male”, “female”, “husband” and “wife” with gender-inclusive terms, such as “person” and “married couple”. With these amendments, same-sex spouses will be able to enjoy, on the basis of equality, rights in relation to marriage, betrothal, welfare, child adoption, property co-management, inheritance, and spousal benefits of tax deductions and government pensions.
If enacted, the legislation will ensure that benefits previously available only to opposite-sex married partners are accorded on a non-discriminatory basis, in line with Thailand’s international human rights obligations, including under international treaties by which the country is bound, such as the International Covenant on Civil and Political Rights.
In addition, the Bill will raise the minimum age for marriage from 17 to 18 years, regardless of gender, bringing Thailand into compliance with its international human rights law obligations, including under the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child.
“We salute all the human rights defenders who have fearlessly fought for the equality and dignity of LGBTQ+ persons in Thailand. We call on lawmakers in the Senate to pass the Marriage Equality Bill without delay. By passing the Bill, Thailand will ensure greater compliance with its obligations under international human rights law. We urge the Thai authorities to take further concrete steps to protect LGBTQ+ persons from discrimination, including through passing comprehensive anti-discrimination laws and guaranteeing full legal gender recognition,” added Upreti.
If passed into law, Thailand will become the first country in Southeast Asia, and the third place in Asia (following Taiwan and Nepal) to legally recognize same-sex marriages.
Background
Four hundred representatives in Thailand’s House of Representatives voted in favour of the Marriage Equality Bill following a second and third reading, with only 10 members opposing the Bill. In the Senate, 147 members voted in favour of the principles enshrined in the Bill at its first reading, with only four members opposing it.
The term of the existing senators ends on 11 May 2024, but they will continue their work until the new Senate officially assumes office. After that, the Senate will have a new batch of 200 members.
The Marriage Equality Bill is a consolidation of four different draft bills and is a culmination of years of advocacy from LGBT human rights defenders.
The ICJ has previously noted that Thailand lacks a comprehensive anti-discrimination framework to protect against discrimination based on sexual orientation, gender identity and expression. While Thailand’s Gender Equality Act B.E. 2558 (2015) specifically prohibits discrimination on the grounds of gender, including gender expression, the UN Human Rights Committee, UN Committee on the Elimination of Discrimination against Women and civil society groups have expressed concern that section 17 of the Act permits exceptions to the prohibition on gender discrimination based on religion and national security. The ICJ has also noted with concern the lack of legal gender recognition in Thailand, which has had a negative impact on the human rights of transgender and gender diverse people, including their right to be treated with dignity and respect.
Contact
Melissa Upreti, ICJ Regional Director for Asia and the Pacific, e: [email protected]
Sanhawan Srisod, ICJ Associate International Legal Adviser, e: [email protected]
Daron Tan, ICJ Associate International Legal Adviser, e: [email protected]