LEGAL MEASURES TO PROTECT TREATMENT TOWARDS LGBTQ PEOPLE UNDER THE LAW ON GENDER EQUALITY ACT

Abstract

            This research aims to propose legal measures to safeguard the rights and fair treatment of LGBTQ individuals under the Gender Equality Act. It seeks to provide legal protection for the rights of LGBTQ people through an analysis of documentary research, including books, statutory texts, legal articles, academic works, research reports, theses, websites, and other documents related to the rights of LGBTQ individuals. The study reveals that LGBTQ individuals face systemic discrimination based on gender, manifested through acts of violence and harm against their life and physical integrity. Such acts are often motivated by hatred stemming from the victim’s sexual orientation or gender identity. Current legal frameworks lack specific provisions to address and criminalize these offenses adequately. The research recommends the introduction of specific legal measures that define such acts as distinct criminal offenses and impose appropriate penalties. Specifically, it suggests amending the Gender Equality Act, B.E.2558 (2015) by revising Chapter 6 (Penalties) to establish criminal liability for acts of physical assault and murder motivated by hatred toward LGBTQ individuals based on their sexual orientation or gender identity. Additionally, the term "for hatred" should be explicitly defined in Section 3 to enhance legal clarity and effectiveness. These amendments would align with the intent of the Act to provide comprehensive protection for LGBTQ individuals, ensuring their rights are genuinely safeguarded under the law.