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Gender and Constitutionalism in Thailand

Gender and Constitutionalism in Thailand. Panthip Pruksacholavit Chulalongkorn University Thailand. o utline. Constitutional Actors Current Constitutional Provisions Gender Equality Act Labor Protection Act. Thailand has adopted 20 Constitutions so far. Constitutional Actors.

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Gender and Constitutionalism in Thailand

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  1. Gender and Constitutionalism in Thailand PanthipPruksacholavit Chulalongkorn University Thailand

  2. outline • Constitutional Actors • Current Constitutional Provisions • Gender Equality Act • Labor Protection Act

  3. Thailand has adopted 20 Constitutions so far.

  4. Constitutional Actors • Constitution Drafting Assembly • the 1949 Constitution = 0 woman • the 1968 Constitution = 0 woman • the 1997 Constitution = 6/99 women • the 2007 Constitution = 9/100 women • the 2017 Constitution = 2/21 women

  5. Constitutional Court • There were 26 justices under the 1997 Constitution • 10 justices under the 2006 Constitution • 13 justices under the 2007 Constitution • ***Of the 49 justices appointed to the Constitutional Court since its founding, there has been only one female justice under the 1997 Constitutional Court.

  6. Gender discrimination case before the Constitutional Court • Judgement no. 17/2555 of 2012 : the calculation of tax payment of married women in the Revenue Code

  7. Requirements of Constitutional Court claim • The 2007 Constitution: Section 212 states that a person whose rights and liberties recognized by this Constitution are violated, has the right to submit a motion to the Constitutional Court for its decision as to whether the provisions of the law are contrary to or inconsistent with the Constitution. • The exercise of rights under paragraph one must be a case of an inability to exercise the right by other means as provided in the Organic Act on Procedures of the Constitutional Court

  8. The 2017 Constitution: Section 213 states thata person whose rights or liberties guaranteed by the Constitution are violated, has the right to submit a petition to the Constitutional Court for a decision on whether such action is contrary to or inconsistent with the Constitution, according to the rules, procedures and conditions prescribed by the Organic Act on Procedures of the Constitutional Court.

  9. Provisions in the Constitutions • The 1932 Constitution • Article 1 provides that Thais are equally protected under this Constitution regardless of their race or religion. • Article 12 provides that everyone is equal under the law, and that no one should have any privileges owing to their rank of nobility (class). • “Gender equality” was not explicitly specified in any of the first 15 constitutions.

  10. The 1997 Constitution • Article 5 provides that Thais are equally protected under this Constitution regardless of their race, gender, or religion. • Article 30 provides that everyone is equal under the law and shall be protected by law equally, men and women shall have equal rights. Moreover, this article provides that unfair discrimination based upon national origin, nationality, language, gender, age, physical or health condition, status, financial or social status, religious beliefs, or political views are prohibited. • Article 80 requires the state to promote equal rights between men and women • Article 190 provides that in the drafting of laws on essential issues relating to children, youths, women, elderlies, disabled persons, if the House of Representatives does not draft by all if the committee members, the House of Representatives shall appoint a non-standing committee consisting of representatives from private organizations advocating on behalf of the aforementioned groups which is not less than one-third of the total number of members of the committee and the members thereof shall consist of women and men in close proportions.

  11. How active women are? • In 1949, the first woman was appointed as a member of the House of Representative • In 1976, the first female Minister was appointed. • In 2001, Thailand has the first female Prime Minister. • In 2003, only around 10% of members of the House of Parliament and less than 6% of ministers were women. • Only 8.9% of district officers and 2.6% of provincial governors were women.

  12. The 2007 Constitution • Article 97 requires a political party to create a list of candidates for the election of members of the House of Representatives by taking into consideration the opportunity and appropriate ratio of male and female candidates.

  13. The 2017 Constitution • Article 71 provides that in allocating the budget, the government should take into account the different priorities and needs of citizens with respect to gender, age, and condition to ensure fairness. (Gender responsive budgeting)

  14. Labor Protection Law • Protects basic women rights: • Equal pay • Maternity rights • Working hours • Unfair dismissal

  15. Gender Equality Act • The Act was passed in 2015 (Thailand ratified ILO Convention 111 in 2016). • Gender Equality Empowerment Commission was established. • Gender Discrimination Hearing Commission was established.

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