Page 150 - สิทธิมนุษยชนของบุคคลที่มีความหลากหลายทางเพศ

Section 34. A personûs family rights, dignity, reputa-

tion or the right of privacy shall be protected.

There are four ways in which the constitution can be

interpreted to protect gay and lesbian people from discrimination:

1. Gays, lesbians and kathoey would be covered by the
general human dignity and equality wording in Section 4 and
the first sentence in Section 30.

2. The Thai word çpheté is used for the word çsexé in

the official text of the constitution. There are no separate
words for çsexé and çgenderé in Thai. Both words are translated
into Thai as phet. In Thailand phet is not understood as

limited to two sexes or genders. As a result, it is logical to
interpret phet as including homosexuals and transgendered

individuals.

3. The word çsexesé in Section 5 and çsexé in the third

sentence of Section 30 can be taken to prohibit discrimination
on the basis of çsexual orientation.é The United Nations

Human Rights Committee came to this conclusion in
interpreting the equality provision in the International
Convention on Civil and Political Rights in Toonen v.

Australia. Any discrimination against a homosexual is on the

Human Rights of Lesbians, Gays, Bisexuals, Transgender and Intersex People 153