Situation of LGBTIQ+ Persons, including LGBTIQ+ Youth & Children:
THAILAND'S THIRD UNIVERSAL PERIODIC REVIEW CYCLE
29 September 2021
Thailand will be reviewed by UN Member States on all its human rights record during its Third Universal Periodic Review (UPR) taking place on 10 November 2021 at the UN Human Rights Council in Geneva (39th Session of the UPR Working Group).
To tell the truth behind #WhatsHappeningInThailand and to guarantee Recommending States make SMART recommendations that will hold the Thai government accountable on its international human rights obligations and will improve the situation on the ground, Manushya Foundation, local community members of the Thai CSO Coalition for the UPR and the Thai BHR Network, and partner Civil Society Organizations have prepared UPR Advocacy Factsheets addressing the most challenging human rights issues and providing community-led UPR recommendations to be made to the Thai government.
The UPR Factsheet on Situation of LGBTIQ+ Persons, including LGBTIQ+ Youth & Children was prepared by Manushya Foundation and Young Pride Club on the basis of their Joint UPR Submissions.
The UPR Factsheet examines the compliance of Thailand with the recommendations it received during its 2nd UPR cycle in relation to Situation of LGBTIQ+ Persons, including LGBTIQ+ Youth & Children. During the 2nd UPR Cycle, Thailand did not receive any specific recommendations on SOGIESC rights but did receive one recommendation from Mexico to tackle gender-based violence against women, including women with diverse sexuality, which it accepted. As none of the UPR recommendations explicitly addressed the LGBTIQ+ community's human rights and equality, it shows a lack of understanding of the challenges faced by LGBTIQ+ individuals in Thailand. Even though Thailand hosts one of the larger LGBTIQ+ community in Asia and is seen as a ‘LGBTIQ+ Paradise’, it has way to go in terms of embracing this community, both on a societal and normative level.
This factsheet addresses the challenges and issues that persist regarding the Situation of LGBTIQ+ Persons, including LGBTIQ+ Youth & Children include:
The absence of legislation recognizing the rights to family establishment of LGBTIQ+ people cause significant social exclusion and human rights violations
The lack of legal framework protecting the rights of LGBTIQ+ persons, and the lack of legal gender recognition fuel widespread discrimination against the LGBTIQ+ community
While seeking healthcare services, many LGBTIQ+ individuals face discrimination in the form of unequal standards of healthcare given to them
Degrading and humiliating treatment in private settings due to the lack of family acceptance
Economic exclusion of LGBTIQ+ population in the area of Business and Human Rights: gender discrimination in workplace and against LGBTIQ+ customers by companies
The impacts of COVID-19 on the lives of LGBTIQ+ individuals
The UPR Factsheet includes community-led UPR recommendations for Recommending States to use when making their UPR recommendations to the Thai government and ensure their recommendations address the needs of local communities on the ground. It is critical for diplomats to make recommendations that are directly coming from communities to improve the human rights situation on the ground; as communities are experts of their issues: they live with the challenges and they also know the solutions they need to advance their human rights.
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