The Legal Measurements Regarding the Wearing of the Hijab by Thai Female Prisoners
Keywords:
Legal measures, hijab, female Muslim inmatesAbstract
This research article aims to study the legal issues concerning the wearing of the hijab by female Muslim inmates, particularly the challenges arising from their dress in correctional facilities, which does not align with the legal measures outlined in the Department of Corrections Regulation on Prisoner Uniforms B.E. 2538 (1995). It examines international legal measures in the context of hijab-wearing female Muslim inmates, comparing them with the laws of Thailand, Malaysia, the United States, and the Federal Republic of Germany. The objective is to propose legal measures that uphold the rights of female Muslim inmates regarding the wearing of the hijab. The research method employed is documentary research.
The study finds that foreign countries have legal measures permitting Muslim female inmates to wear the hijab. However, Thailand's legal framework does not clearly define regulations concerning the wearing of the hijab during outdoor prison activities. The Department of Corrections Regulation on Prisoner Uniforms B.E. 2538 primarily outlines prisoner clothing to distinguish between convicted prisoners and detainees, without specific provisions for religious garments.
The researcher recommends amending Article 12 of the Department of Corrections Regulation on Prisoner Uniforms B.E. 2538 to explicitly allow female inmates who practice Islam to wear head coverings when permitted to leave the correctional facility. This would align with the Constitution of the Kingdom of Thailand B.E. 2560 (2017) and the Universal Declaration of Human Rights, as the right of Muslim female inmates to wear the hijab is a matter of religious freedom and the right to religious expression.
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