The Guidelines for the Right to Gender Identity Recognition in Thailand Based on the Perspective of the Foreign Laws

Abstract

        This research aims to study the guidelines for the right to gender identity recognition in Thailand through the lens of foreign laws. It is conducted using the methodology of documentary research, from legal textbooks to documents related to the recognition of gender identity-diverse people based on viewpoints of international human rights law and other foreign laws. The results showed that, in accordance with the international human rights principles, states shall provide legal recognition for their people's gender identity self-determination and ensure that they can exercise rights based on that gender identity. In this regard, states shall not impose any conditions that violate these people's human rights to prevent them from obtaining legal gender recognition. Currently, Thailand only provides lawful gender recognition for individuals who identify as male and female. As a result, gender identity-diverse individuals continue to frequently face discrimination in public settings. It is, therefore, expedient for the society to have a law to establish rules, regulations, conditions and any legal consequences of gender identity recognition based on self-determination in order to comply with the international human rights principles to which Thailand is committed.