Legal Problems of Acquisition Thai Nationality According to Section 9, Paragraph one of the Nationality Act 1965, Study of the Case of Equal Marriage
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Abstract
This research article aims (1) to study the background, concepts and theories of Thai and foreign laws concerning the acquisition of nationality through marriage for sexual-and gender-diverse individuals (SGD) persons or same-sex couples, (2) to compare Thai and foreign laws in guaranteeing equal marital status for sexual-and gender-diverse individuals (SGD) persons in acquiring the right to apply for citizenship through marriage, (3) to study the problem of the acquisition of nationality through marriage for sexual-and gender-diverse individuals (SGD) persons or same-sex couples under Section 9 Paragraph 1 of the Nationality Act B.E. 2508 and (4) to provide solutions that are appropriate to the current social context and in line with the principles of equality and non-discrimination of the Universal Declaration of Human Rights. The researcher employs qualitative research methods, collecting data through document research and in-depth interviews, and analyzes the data using content analysis techniques and interpretative comparison. Findings are as follows: indicate that the global trend towards gender equality and non-discrimination, as reflected in the Universal Declaration of Human Rights, has led countries worldwide to increasingly accept sexual diversity. This can be seen in the application of gender equality principles in the consideration of nationality by marriage in the nationality laws of the French Republic and the Federal Republic of Germany. Including Thailand, which has enacted the Civil and Commercial Code Amendment Act (No. 24) B.E. 2567 to allow people of any gender to marry each other as well. However, the Nationality Act B.E. 2508, Section 9, Paragraph 1, has not been amended to bring the legal provisions in line with the aforementioned Civil and Commercial Code in order to protect the right to acquire nationality of same-sex spouses to apply for Thai nationality according to their spouses. It still grants the right to apply for nationality only in the case of a foreign woman who marries a man of Thai nationality only.
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Academic articles, research articles, and book reviews in the Ph.D. in Social Sciences Journal are author’s opinions, and not the publisher’s, and is not the responsibility of the Ph.D. in Social Sciences Journal Philosophy Association, Ramkhamhaeng University. (In the case that research is done on human, the researcher has to be trained in Ethics for Doing Research on Human Training and has to produce the evidence of the training).
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