Article 16
“The right to marriage and family should not
be restricted to the framework of men and
women, but should apply to any gender”
Ms. Naiyana Supapeung
Commentary
Ms. Naiyana Supapeung, a National Human
Rights Commission member, comments that the
essence of the story above is about the right to
marriage and family, but should not be restricted
to the framework of men and women, but should
apply to any gender. She highlights progress
made in Thailand. In addition to the modification
of the Women’s Courtesy Title Act of 2008,
complying further with the Universal Declaration
of Human Rights, two criminal laws – Section 276,
which subjects a raping spouse to punishment,
and Section 1516, which enables women to cite
rape as grounds for divorce – are good examples
of this progress.
person under 18 years of age who sexually
assaults a minor between the ages of 13 and 15
who gives his/her consent, is not subjected to
lawful punishment as long as the Court of Law
permits the marriage between the two parties in
question. Such cases are usually unwanted
marriages, and the purpose of such marriages is
to avoid punishment, she explains.
Ms. Supapeung also highlights some
inconsistencies and loopholes that remain. For
example, under Criminal Law Section 277, a
She further adds that the definition of the word
’family’ should be reconsidered.
Ms. Supapeung also points out that the rights of a
person of alternative gender, despite there being
an absence of recognition by society at large, can
no longer be denied, according to the National
Human Rights Commission.
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