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As for the scope of discrimination in human right laws context, this research found
that the “Discrimination” was used in several perspective in Thai legal system. The research

then classified, by using human right laws framework, the use of such term in 3 cases; (1)
differentiation of treatment falling within the scope of “Discrimination” and the one which
is not “Discrimination” (2) the overlapping between the practices that falls in to the scope
of “Discrimination” and the practices that violate other human rights such as personal right,

freedom of religion, freedom of education and right in criminal justice system (3) “Unfair
Discrimination” in the context of administrative laws which has different scope because it
was based on different concept. According to such classification, the research would focus
on the “Discrimination” falling within the scope of human right laws and explore whether

such discriminatory practices could be sufficiently covered under existing laws of Thailand.
However, the results showed that the existing laws were insufficient by classifying this part
of results into 3 findings;

Firstly, the analysis of “ground of discrimination” classified the issue in 4 cases; (1)
Grounds of discrimination covered in Thai laws which were broader than international
human right laws (2) 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.