การบงคบใชกฎหมายทละเมดสทธมนษยชนตอคนทมความหลากหลายทางเพศ ของประเทศไทยและประเทศในกลมอาเซยน: The Law Enforcement that Violates to Human Rights of LGBTQ Person in Thailand and ASEAN Countries member’ State

This research examines the enforcement of laws affecting the human rights of individuals with diverse sexual orientations and gender identities (LGBTQ+) in Thailand and ASEAN member states, focusing on the legal, structural, and sociocultural dimensions that influence equality and justice. ASEAN countries demonstrate considerable variation in their legal treatment of LGBTQ individuals, ranging from states that continue to criminalize same-sex relationships to those that have begun to implement protective measures, including antidiscrimination provisions and gender recognition procedures. The study, therefore, seeks to (1) identify and analyze key laws and regulations that directly or indirectly impact LGBTQ rights, (2) investigate patterns of law enforcement that contribute to discrimination, stigmatization, or unequal access to justice—including arbitrary arrests, denial of services, and biased implementation of public morality laws, and (3) evaluate the consistency of national legal frameworks with international human rights standards, especially the principles of equality and non-discrimination. A qualitative methodology was used, incorporating document analysis, legal and policy review, international human rights reports, and in-depth interviews with legal experts, human rights practitioners, and civil society organizations. Findings indicate that although several ASEAN states, including Thailand, have undertaken efforts to improve legal protections—such as proposing marriage equality legislation, enacting anti-discrimination policies, and strengthening healthcare frameworks for vulnerable groups—significant gaps remain. Many laws, especially those related to minor offenses, public order, morality, and gender recognition, continue to be applied in ways that expose LGBTQ+ individuals to unequal treatment and recurring violations of fundamental rights. Comparative analysis reveals that countries with stronger human rights institutions and comprehensive capacity-building programs for law enforcement personnel tend to demonstrate more equitable legal practices. Conversely, states with deeply entrenched conservative norms often maintain ambiguous laws that permit broad enforcement discretion and systemic discrimination. This study recommends legal reform, institutional strengthening, public-sector training, and regional cooperation to establish shared human rights standards that enhance the protection and equality of LGBTQ+ individuals across the ASEAN region.