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Article 16

“The right to marriage and family should not

be restricted to the framework of men and
women, but should apply to any gender”

Ms. Naiyana Supapeung
Commentary

Ms. Naiyana Supapeung, a National Human person under 18 years of age who sexually
Rights Commission member, comments that the assaults a minor between the ages of 13 and 15
essence of the story above is about the right to who gives his/her consent, is not subjected to
marriage and family, but should not be restricted lawful punishment as long as the Court of Law
to the framework of men and women, but should permits the marriage between the two parties in
apply to any gender. She highlights progress question. Such cases are usually unwanted
made in Thailand. In addition to the modification marriages, and the purpose of such marriages is
of the Women’s Courtesy Title Act of 2008, to avoid punishment, she explains.
complying further with the Universal Declaration
of Human Rights, two criminal laws – Section 276, Ms. Supapeung also points out that the rights of a
which subjects a raping spouse to punishment, person of alternative gender, despite there being
and Section 1516, which enables women to cite an absence of recognition by society at large, can
rape as grounds for divorce – are good examples no longer be denied, according to the National
of this progress. Human Rights Commission.

Ms. Supapeung also highlights some She further adds that the definition of the word
inconsistencies and loopholes that remain. For ’family’ should be reconsidered.
example, under Criminal Law Section 277, a

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