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ส�ำนักงำนคณะกรรมกำรสิทธิมนุษยชนแห่งชำติ

Grounds of discrimination covered in Thai laws which were narrower than international human right
laws (3) Grounds of discrimination which were argued as ambiguous and the more interpretation was

necessary (4) Grounds of discrimination which were not explicitly addressed in international human
right laws but were clearly covered by some foreign laws such as “criminal record”.

Secondly, the scope of Thai laws relating to anti-discrimination, although there were specific
laws in recent Thai legal system that can be applied to prohibit “Discrimination”, this research

indicated that the problems of content, element, and scope of those laws make them inappropriate
and insufficient to protect personal from discriminatory practices. The discriminatory practices which
have not yet been covered were, for example, discriminatory practices in private sectors including

employment, goods and service, discriminatory practices relating to certain grounds such as criminal
record, breastfeeding, etc. Furthermore, there are no specific laws to apply in case of “Harassment”

and “Hate Speech”.

Thirdly, according to the comparative analysis of foreign laws relating to anti-discrimination,

this research developed “Model of Discrimination Law” which comprise 3 models; (1) Providing one
comprehensive piece of legislation covering all grounds and areas of discrimination (2) Providing
several specific laws for separate grounds and areas of discrimination (3) Providing both one

comprehensive law and additional specific laws for certain areas or grounds of discrimination. The
results found that currently Thailand was classified into model 2 but the existing laws were not
sufficient as discussed.

Consequently, the proposals of this research can be classified in 3 levels;

Firstly, this research suggests the enactment of general law relating to Anti-Discrimination in
order to cover grounds and areas of discrimination sufficiently in consistent to international human
right laws.

Secondly, this research proposes the amendment of Constitution of Thailand in several

issues such as introducing a clear concept of “Direct and Indirect Discrimination”, improving
the explicit protection of discriminatory practices in private sector, revising of the term “Unfair
discrimination” by using only “Discrimination” and “Differential treatment”, and adding more grounds

of discrimination that has not yet been covered.

Thirdly, the research suggests that more researches could be done on specific cases of

discrimination. In addition, the study for drafting “Anti-Discrimination Act” as a general law is
proposed.

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