The Gender Equality Act 2015: Problems of Provisions and Legal Enforcement

Abstract

The Gender Equality Act, B.E. 2558 (2015) aims to provide protection for women, men, as well as gender diverse persons so that they can maintain their status in Thai society on an equal footing. It also provides a convenient and quick way to seek justice for victims of gender discrimination. The law establishes three mechanisms: the Committee for the Promotion of Gender Equality (in brief “the Committee for PGE”), which is a national committee with the power to formulate policies and solve various problems at the structural level; the “Committee on the Determination of the Unfair Gender Discrimination” (in brief “the Committee on DUGD”), which has the power to consider discrimination complaints; and the “Promotion of Gender Equality Fund” for compensating the damages to the discriminated person and also supporting for activities to promote gender equality. Department of Women’s Affairs and Family Development of the Ministry of Social Development and Human Security is responsible for enforcement and coordination between these three mechanisms. The law has been enforced for more than five years since September 9, 2015, the effective date; therefore, such mechanisms should be considered for their effectiveness in reducing discrimination and enhancing gender equality. Based on research, data, situations, relevant statistics and opinions from enforcers, civil society organizations, victims submitted a petition to the Committee on DUGD, including legal and human rights scholars, it has been found that this law has not created any significant change on the issue of equality in Thai society. Gender discrimination has continued in a more complicated way. State regulations are also a major contributor to discrimination, while there is no clear directive or policy by the national committees to be revised. Awareness of the law and access to rights remain limited, emphasized in the government agencies and the private organization network instead of wide public. Moreover, the decision of the petition is delayed and overly passive. However, all parties agree that this law is necessary beside its insufficiency on effectiveness and requirement to the revision in terms of confirmation to prohibition of gender discrimination in Thailand, in terms of reparation for victims of discrimination and in terms of being a starting point for bringing policies, laws and other measures covering more dimensions in this matter in the future.