A/HRC/41/43/Add.1
such obstacles and to incentivize business to recruit persons with disabilities. One such
measure is the quota system introduced in 2008, which requires private companies to
employ 1 person with a disability for every 100 persons hired. Companies that do not fulfil
the requirement are obliged to pay a fee to the Fund for the Empowerment of Persons with
Disabilities.
63.
Information received from civil society organizations indicated that efforts should be
made to make better use of the Fund for the Empowerment of Persons with Disabilities.
The Working Group was informed that the Government was exploring different
management models so that the Fund could be used more effectively to help persons with
disabilities find jobs and truly empower them. The Government may also create other tools,
such as offering tax incentives and using the leverage of public procurement, to encourage
businesses to hire more persons with disabilities.
X. Sex workers
64.
The Working Group learned that sex workers in the entertainment sector were
particularly vulnerable to human rights abuse, including human trafficking. It welcomes the
steps taken to step up inspections and training for law enforcement officials to detect cases
of human trafficking and to provide shelters and support for victims. The Working Group
was, however, informed that the main obstacle to protecting sex workers against human
rights abuses is the hidden nature and criminalization of sex work under the Suppression
and Prevention of Prostitution Act (1996).12
65.
Many sex workers in Thailand are undocumented migrants from neighbouring
countries, whose migration status further exacerbates their vulnerability. Sex workers under
the age of 18 are automatically considered to be victims of trafficking and provided with
support when detected. However, a large majority of sex workers risk arrest if they report
violence and abuse in their employment to the authorities. The Working Group is
concerned about the practice of stamping passports of undocumented migrant sex workers,
indicating that they have been fined for engaging in prostitution.
66.
Rather than criminalizing vulnerable sex workers, the Working Group encourages
the Government to focus on regulating the entertainment sector better and ensuring full
application of the labour laws, in line with the recommendations made in 2017 by the
Committee on the Elimination of Discrimination against Women (CEDAW/C/THA/CO/67).
XI. A gender lens on business and human rights
67. Women and men are treated equally under the Constitution and other laws. However,
during the visit, the Working Group learned that women continue to receive lower pay and
to experience discrimination, sexual harassment and violence in the workplace. They face
additional barriers to securing decision-making positions in both the public and private
sectors. Women workers in certain settings and circumstances (for example, domestic
workers, migrant workers and sex workers) experience specific obstacles that render them
vulnerable to human rights abuses. The Working Group was also informed that lesbian, gay,
bisexual, transgender and intersex persons in Thailand face a range of forms of
discrimination in availing themselves of services or finding employment.
68.
The Working Group commends the Government of Thailand for enacting the
Gender Equality Act of 2015, which prohibits discrimination based on sex or gender and
extends protection to lesbian, gay, bisexual, transgender and intersex persons.13 Under the
Act, a fund to promote gender equality was created to support activities aimed at promoting
gender equality and a committee dealing with complaints about unfair gender
12
13
14
Available from www.ilo.org/dyn/natlex/docs/WEBTEXT/46403/65063/E96THA01.htm.
Available from www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=100442&p_
country=THA&p_count=4.
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