Ironing out the many facets of gender recognition

Ironing out the many facets of gender recognition

Move Forward Party MP Tunyawaj Kamolwongwat, left, and other campaigners at Thammasat University's Tha Prachan Campus. (Photo: Thana Boonlert)
Move Forward Party MP Tunyawaj Kamolwongwat, left, and other campaigners at Thammasat University's Tha Prachan Campus. (Photo: Thana Boonlert)

Move Forward Party MP Tunyawaj Kamolwongwat will push for sexual orientation and gender identity (SOGI) draft legislation to ensure gender-responsive budgeting for LGBTI people after the current charter reform.

Tunyawaj said the draft bill will amend Section 27 of the current charter involving rights and liberties by adding "SOGI" after the second paragraph stating only biological sex. It will also deal with gender recognition and revise the female title act to allow LGBTI people to change legal titles.

"I will push for this draft bill after the constitutional reform because it includes the proposal to amend Section 27. If I fix it and the current charter is scrapped, it would be counterproductive," he told a forum on the development of LGBTI laws held by Thammasat University's Faculty of Law last weekend to mark this year's Pride Month.

There are other gender recognition draft bills sponsored by the government and civil society groups. One of them is being campaigned by the Ministry of Social Development and Human Security. Chompoonute Nakorntap, the chair of the working group on LGBTI policies, told a press conference earlier this month that the draft is near complete and will be reviewed by the Department of Women's Affairs and Family Development before submission to parliament.

Tunyawaj said allowing LGBTI to change legal titles will enable the government to determine the population size and ensure equal distribution of resources. Basically, gender-responsive budgeting seeks to tackle inequality relating to biological sex, gender identity and sexual orientation. For example, some women are not compensated for resigning from jobs to take care of husbands and children. The government may consider allocating budgets for hiring babysitters to allow women to return to work and raise the falling birthrate. Overall, it will help promote gender equality.

"If transgender people who earn a salary of 15,000 baht per month are suffering from gender dysphoria [a strong dissatisfaction a person may feel because of the difference between their biological sex and gender identity], they need [gender] transition, which costs around 350,000 baht. What kind of jobs should they have? Many of them are working abroad and flying back home for transition. It is a cycle of inequality overlooked by the state. Gender-responsive budgeting will offer them welfare benefits to reduce disparity. In return, they can contribute their creative skills to all of us," he said.

However, Tunyawaj added that there are many controversial cases surrounding gender recognition. For example, can transwomen athletes compete with women, given their physical advantage? Can transmen be incarcerated in male prison when most of them decide not to undergo expensive surgery?

"It doesn't mean everybody is getting the same rights but it is more about ensuring equality. Gender recognition must be well thought out," he said.

Thana Boonlert

Bangkok Post columnist

Thana Boonlert is a writer for the Life section and a Bangkok Post columnist.

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