Necessity and Legislative Approaches for Enacting Specific Laws to Protect Women from Violence
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Abstract
This research article examines the legal issues arising under Thailand’s Family Institution Promotion, Development and Protection Act B.E. 2562, focusing on its lack of clarity in its enforcement. It also compares and analyzes relevant laws from the United States, Australia, Germany, and Thailand. The research relies on qualitative documentary analysis through the review of legal texts, academic publications, and scholarly materials. The findings reveal that Thailand’s Family Institution Promotion, Development, and Protection Act B.E. 2562 contains several ambiguities that create multiple challenges in its enforcement, including protection orders that fail to provide adequate protection for victims and ineffective assistance measures for rape victims. A comparative analysis indicates that the legal systems of the United States and Germany have enacted specialized statutes addressing violence against women. While in Thailand, applying Thailand’s Family Institution Promotion, Development and Protection Act B.E. 2562 to address violence against women has resulted in inadequate assistance for victims. Therefore, this research proposes the establishment of a specific law addressing violence against women. Such legislation should include: (a) the provision of specialized support services for victims of sexual violence, and (b) increased penalties for repeat offenders in cases of online sexual harassment.
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