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ปีที่ 1 ฉบับที่ 2 (พฤษภาคม – สิงหาคม 2563) 61

Thai Law and Binary of Sex:
Case study of transgender teachers’ experiences in Thailand

Dr. Cheera Thongkrajai

Abstract

In Thailand, public sector seems to be very hostile towards LGBT, especially

transgenders who are mostly discriminated due to law and regulations which is based on
binary system of sex and gender. Transgender government officers are often excluded
in workplace and cannot access to protection due to the gender that does not match

their sex at birth. This study aims to give an overall view of this issue, based on case
study of 8 transgender teachers, working in public schools in the center of Thailand and
in other provinces. Findings reveal that transgender teachers are in vulnerable situation,
as they struggle to live and express their gender identity which is different from their legal
identity. Moreover, internal regulations and rules in government system are based on

the binary of biological sex which obstacles equal and fair treatment to transgenders.
Some transgenders are forced to wear uniform corresponding to their biological sex, even they
have already gone through gender transition. The binary system does not protect

transgenders and exposes them to many other risks. This article suggests a paradigm shift
in the government system and policy making process from the binary of sex to diversity
of identities. This transformative change can bring about more inclusive policies and legal
measures towards substantive gender equality.

Keywords :

Gender- based discrimination, Gender equality in workplace, Gender Equality Act 2015,
Gender diversity, Transgender in Thailand