Development and Amendment of the Law Concerning the Promotion of Development and Protection of Family Institutions

Abstract

This research aims to examine, analyze, and compile academic data and develop a framework for amending and enhancing the laws concerning the promotion, development, and protection of family institutions to optimize their effectiveness. The ultimate objective is to draft legislation on promoting, developing, and protecting family institutions that align with the contemporary socio-cultural context of Thai society. This study involves a comparative analysis of relevant Thai legislation, international conventions, and foreign legal frameworks, in addition to data collected from public consultations, stakeholders engaged in addressing domestic violence, and subject-matter experts through in-depth interviews, focus group discussions, and critique forums on the draft legislation.

In Thailand, incidents of domestic violence exhibit a growing trend and represent a sensitive and complex issue that requires distinct legal mechanisms separate from those applied to general criminal offenses. To address this issue with efficacy and sustainability, it is essential to establish legal measures that encompass both preventive mechanisms to avert incidents of domestic violence and protective mechanisms to safeguard victims. Furthermore, there must be provisions for redress, rehabilitation, and opportunities for behavioral reform to preserve familial relationships. Regarding protective measures, Thailand enforces the Protection of Domestic Violence Victim Act B.E. 2550 (2007), which is currently under revision. However, regarding preventive measures, the Promotion of Family Institution Development and Protection Act B.E. 2562 (2019) has been suspended due to certain limitations, creating a legal gap in advancing proactive preventive measures.

Consequently, the researchers have conducted research studies and propose the Promotion of Family Institution Development and Protection Act B.E. ... to implement it in conjunction with the revised Protection of Domestic Violence Victim Act B.E. ... . Key aspects of this draft legislation include refining definitions to ensure greater clarity, restructuring preventive operations for enhanced efficacy, delineating roles and responsibilities of the committee and relevant stakeholders with precision, and strengthening the role of networks in achieving the legislative objectives through integrated, cross-sectoral collaboration, particularly with local administrative organizations and civil society at the community level. Additionally, redundant provisions in the Promotion of Family Institution Development and Protection Act B.E. 2562, which overlap with those in the revised draft Protection of Domestic Violence Victim Act, are streamlined to ensure that the implementation of both statutes is conducted in a parallel, efficient, practical, and unified manner, thereby enabling a sustainable response to the issue of domestic violence in Thailand.