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Thailand
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Thailand are found in the 1985 Civil and Commercial Code which addresses marriage on account of duress at Article 1507.
Consent to marriage
There appears to be no legislation in Thailand that requires consent to marriage
Servile marriage
There appears to be no legislation in Thailand that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Thailand that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Thailand without parental consent is 20, without differentiation of gender, as set out on Section 1436 of the 1985 Civil and Commercial Code. The minimum age for marriage in Thailand with parental consent is 17, without differentiation of gender, as set out on Section 1448 of the 1985 Civil and Commercial Code. Where marriages are conducted involving a person below the minimum age and without the consent of the parents, the marriage is voidable, as set out on Section 1436 of the 1985 Civil and Commercial Code. However, marriages below the minimum age are permitted with the authorisation of the court if there are appropriate reasons. These exceptions are not differentiated by gender.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Asia Cooperation Dialogue
- Bali Process
- ASEAN
- ASEAN Regional Forum
Legislative Provisions
AWAD REPORT
Paragraph 453
Section 312 of the Thai Penal Code provides that “whoever, in order to turn any person into slavery or a status similar to slavery, brings into or sends out of the Kingdom, transfers, buys, sells, disposes or, receives or detains any person shall be punished with imprisonment not exceeding seven years and a fine not exceeding fourteen thousand baht.
Paragraph 454
Mutilating, branding, or marking a slave or a person of servile status is punishable as committing bodily injury.
ENGEN REPORT
Paragraph 28
…Slavery has been abolished in Thailand by the Slavery Act R.S. 124 (1905), and there is no slavery practice whatsoever in the country and the same can be said with regard to serfdom.
Paragraph 42
Under Thailand’s Constitution of 23 March 1949, there is no room for serfdom, and the scope and severity of compulsory service to the State itself have been greatly reduced.
THAILAND CONSTITUTION
PENAL CODE
Section 310
Whoever, detains or confines the other person, or by any other means whatever, deprives such person of the liberty of person, shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht, or both.
If the commission of the offence according to the first paragraph causes death or grievous bodily harm to the person detained, confined or deprived of the liberty of person, the offender shall be punished as provided in Section 290, Section 297 or Section 298.
Section 310 bis
Whoever, detaining or confining the other person or making in any manner to deprive other person without liberty bodily and making such other person to do any act for the doer or other person, shall be imprisoned not out of five years or fined not out of ten thousand Baht.
Section 312
Whoever, so as to enslave the person or to cause the person to be in the position similar to the slave, bringing into or sending out of the Kingdom, removing, buying, selling, disposing, accepting or restraining any person, shall be imprisoned not out of seven years and fined not out of fourteen thousand Baht.
Section 312 bis
If the commission of the offence according to Section 310 bis or Section 312 is committed to the child not exceeding fifteen years of age, the offender shall be punished with imprisonment of three to ten years and fined not exceeding twenty thousand Baht.
If the commission of the offence according to the first paragraph or Section 310 bis or Section 312 causes:
- Bodily harm or mental harm to the victim, the offender shall be punished with imprisonment of five to fifteen years and fined not exceeding thirty Thousand Baht;
- Grievous bodily harm to the victim, the offender shall be punished with imprisonment for life or imprisonment of seven to twenty years;
- Death to the victim, the offender shall be punished with death, imprisonment for life or imprisonment of fifteen to twenty years.
Section 312 ter
Whoever, by dishonestly, accepting, disposing, procuring, seducing or taking away the person over fifteen years but not yet over eighteen years of age by such person’s consent, shall be imprisoned not out of five years or fined not out of ten thousand Baht, or both. If the committing the offence according to paragraph 1committed to the child not yet out of fifteen years of age, such offender shall be not out of seven years or fined not out of fourteen thousand Baht, or both.
Section 320
Whoever, by using fraudulent or deceitful means, threat, violence, unjust influence or any other means of compulsion, takes or sends a person out of the Kingdom, shall be punished with imprisonment of two to ten years or fined of four thousand to twenty thousand Baht, or both. If the commission of the offence according to the first paragraph be committed in order that the person taken or sent out to be under the power of the other person unlawfully, or in order to abandon such person to be in a helpless condition, the offender shall be punished with imprisonment of three to fifteen years and fined of six thousand to thirty thousand Baht.
THE ANTI-TRAFFICKING IN PERSONS ACT B.E 2551 (2008), AS AMENDED IN 2019
Section 4
In this act
“Exploitation” means seeking benefits from the prostitution, production or distribution of pornographic materials, other forms of sexual exploitation, slavery, causing another person to be a beggar, forced labour or service, coerced removal of organs for the purpose of trade, or any other similar practices resulting in forced extortion, regardless of such person’s consent.
“Forced labour or service” means compelling the other person to work or provide service by putting such person in fear of injury to life, body, liberty, reputation or property, of such person or another person, by means of intimidation, use of force, or any other means causing such person to be in a state of being unable to resist.
Section 6
Whoever, for the purpose of exploitation, does any of the following acts:
(1) procuring, buying, selling, vending, bringing from or sending to, detaining or confining, harboring, or receiving any person, by means of the threat or use of force, abduction, fraud, deception, abuse of power, or of the giving money or benefits to achieve the consent of a person having control over another person in allowing the offender to exploit the person under his control; or
(2) procuring, buying, selling, vending, bringing from or sending to, detaining or confining, harboring, or receiving a child;
is guilty of trafficking in persons.
Section 6.1
Any person who compels another person to work or to provide services by one of the following means:
- threatening to cause injury to life, body, liberty, reputation or property of the person threatened or any other person
- intimidating;
- using force:
- confiscating identification documents;
- using debt burden incurred by such person or any other person as the unlawful obligation;
- using any other means similar to the above acts.
If such act is committed to another person to be in the situation where he or she is unable to resist, such person commits the offence of forced labour of services.
Section 7
Whoever commits any of the following acts, shall be punished likewise as the offender of an offence of trafficking in persons:
(1) supporting the commission of an offence of trafficking in persons;
(2) aiding by contributing property, procuring a meeting place or lodge, for the offender of trafficking in persons;
(3) assisting by any means so that the offender of trafficking in persons may not be arrested;
(4) demanding, accepting, or agreeing to accept a property or any other benefit in order to help the offender of trafficking in persons not to be punished;
(5) inducing, suggesting or contacting a person to become a member of the organized criminal group, for the purpose of committing an offence of trafficking in persons.
PENAL CODE
Section 277
Whoever has sexual intercourse with a girl not yet over fifteen years of age and not being his own wife, whether such girl shall consent or not, shall be punished with imprisonment of four to twenty years and fined of feedback (/form/1-samuiforsale-contact-form.html?tmpl=component) eight thousand to forty thousand Baht. If the commission of the offence according to the first paragraph is committed against a girl not yet over thirteen years of age, the offender shall be punished with imprisonment of seven to twenty years and fined of fourteen thousand to forty thousand Baht, or imprisonment for life.
If the commission of the offence according to the first or second paragraph is committed by participation of persons in the nature of destroying a girl and such girl is not consent, or by carrying the gun or explosive, or by using the arms, the offender shall be punished with imprisonment for life.
The offence as provided in the first paragraph is that if the offender, being the man, commits against the girl over thirteen years but not yet over fifteen years of age with her consent and the Court grants such man and girl to marry together afterwards, the offender shall not be punished for such an offense. If the Court grants them to marry together while the offender is still inflicted with the punishment, the Court shall release such offender.
Section 310 bis
Whoever, detaining or confining the other person or making in any manner to deprive the other person of liberty bodily and making such other person do any act for the doer or other person, shall be imprisoned not out of five years or fined not out of ten thousand Baht.
Section 312
Whoever, so as to enslave the person or to cause the person to be in the position similar to the slave, bringing into or sending out of the Kingdom, removing, buying, selling, disposing, accepting, or restraining any person, shall be imprisoned not out of seven years and fined not out of fourteen thousand Baht.
Section 312 bis
If the commission of the offence according to Section 310 bis or Section 312 is committed to the child not exceeding fifteen years of age, the offender shall be punished with imprisonment of three to ten years and fined not exceeding twenty thousand Baht.
If the commission of the offence according to the first paragraph or Section 310 bis or Section 312 causes:
- Bodily harm or mental harm to the victim, the offender shall be punished with imprisonment of five to fifteen years and fined not exceeding thirty Thousand Baht;
- Grievous bodily harm to the victim, the offender shall be punished with imprisonment for life or imprisonment of seven to twenty years;
- Death to the victim; the offender shall be punished with death, imprisonment for life, or imprisonment of fifteen to twenty years.
Section 320
Whoever, by using fraudulent or deceitful means, threats, violence, unjust influence, or any other means of compulsion, takes or sends a person out of the Kingdom shall be punished with imprisonment of two to ten years or fined of four thousand to twenty thousand Baht, or both. If the commission of the offence according to the first paragraph be committed in order that the person taken or sent out to be under the power of the other person unlawfully, or in order to abandon such person to be in a helpless condition, the offender shall be punished with imprisonment of three to fifteen years and fined of six thousand to thirty thousand Baht.
THE ANTI-TRAFFICKING IN PERSONS ACT B.E 2551 (2008)
Section 4
In this act
“Exploitation” means seeking benefits from the prostitution, production or distribution of pornographic materials, other forms of sexual exploitation, slavery, causing another person to be a beggar, forced labour or service, coerced removal of organs for the purpose of trade, or any other similar practices resulting in forced extortion, regardless of such person’s consent.
“Forced labour or service” means compelpling the other person to work or provide service by putting such person in fear of injury to life, body, liberty, reputation, or property, of such person or another person, by means of intimidation, use of force, or any other means causing such person to be in a state of being unable to resist.
Section 6
Whoever, for the purpose of exploitation, does any of the following acts:
(1) procuring, buying, selling, vending, bringing from or sending to, detaining or confining, harboring, or receiving any person by means of the threat or use of force, abduction, fraud, deception, abuse of power, or of the giving money or benefits to achieve the consent of a person having control over another person in allowing the offender to exploit the person under his control; or
(2) procuring, buying, selling, vending, bringing from or sending to, detaining or confining, harboring, or receiving a child;
is guilty of trafficking in persons.
Section 7
Whoever commits any of the following acts shall be punished likewise as the offender of an offence of trafficking in persons:
(1) supporting the commission of an offence of trafficking in persons;
(2) aiding by contributing property, procuring a meeting place or lodge, for the offender of trafficking in persons;
(3) assisting by any means so that the offender of trafficking in persons may not be arrested;
(4) demanding, accepting, or agreeing to accept a property or any other benefit in order to help the offender of trafficking in persons not to be punished;
(5) inducing, suggesting, or contacting a person to become a member of the organized criminal group for the purpose of committing an offence of trafficking in persons.
CIVIL AND CRIMINAL CODE 1985
Section 19. A person, on completion of twenty years of age, ceases to be a minor and becomes sui juris.
Section 1435: A betrothal can be effected only when the man and the woman have completed there seventeenth year of age.
The betrothal contrary to the provision of paragraph one is void.
Section 1436. If a minor will conclude a betrothal, the consent of the following persons is required:
| (1) | his or her parents, in case his or her father and mother are still alive; |
| (2) | his or her parent, in case his or her father or mother died, or is in condition of being unable to give consent, or is under the circumstances that make the minor unable to ask for such consent; |
| (3) | his or her adopter, in case the minor is an adopted child |
| (4) | his or her guardian, in case there is no person giving consent under (1), (2), and (3), or such person is deprived of parential power. |
A betrothal concluded by the minor without the said consent is voidable.
Section 1448. A marriage can take place only when the man and woman have completed their seventeenth year of age. But the Court may, in case of having appropriate reason, allow them to marry before attaining such age.
Section 1454. In case of marriage of a minor, the provisions of Section 1436 shall apply mutatis mutandis.
Section 1455. Giving consent to the marriage may be made:
(1)
by affixing signature of the person giving consent in the Register at the time of registration of the marriage;
(2)
by a consent document stating the names of the parties to the marriage and signed by the person giving consent;
(3) by verbal declaration before at least two witnesses in case of necessity.
The consent having been given cannot be revoked.
Section 1456. In cases where there is no person having the power to give consent under Section 1454, or if the person refuses to give consent or is in the position of being unable to give consent, or the minor cannot, in such circumstances, ask for the consent, the minor may file an application with the Court for giving consent to the marriage.
Section 1458. A marriage can take place only if the man and woman agree to take each other as husband and wife, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar.
Section 1495. The marriage which is made against Section 1449, Section 1450, Section 1452, and Section 1458 shall be void.
Section 1496. It is only a judgment of the Court that effects the void of the marriage, which is made against Section 1449, Section 1450, and Section 1458.
The spouses, parents, or descendants of the spouse may apply for a judgment of the Court effecting the void of the marriage. If there are none of the said persons, any interested person may request the public prosecutor to apply to the court for such judgment.
Section
1497. Any interested person may allege or apply for a judgment of the Court effecting that the marriage made against Section 1452 is void .
Section 1504. An interested person other than the parents or guardian who have given their consent to the marriage is entitled to apply for cancellation of the marriage on the ground of its voidability.
If the court has not cancelled the marriage until both man and woman have completed the age required under Section 1448 or if the woman has become pregnant before such completion, the marriage shall be deemed to be valid from the time it was made.
Section 1507. A marriage is voidable if it is made by the spouses on account of duress to such an extent that without it the marriage would not have been made.
The right to apply for cancellation of the marriage on account of duress shall be terminated after the lapse of one year from the day on which the spouse is free from duress.
Section 1508. Where the marriage is voidable on account of mistake as to the identity of the spouse, fraud or duress, only the spouse who mistook the identity of the other or was induced by fraud or duress to contract the marriage may apply for the cancellation of such marriage. …
Section 1509. The marriage made without consent of the persons mentioned in Section 1454 is voidable.
Section 1510. Where the marriage is voidable on account of having been made without consent of the persons mentioned in Section 1454, only the person who can give the consent under Section 1454 may apply for the cancellation of the marriage.
The right to apply for the cancellation of the marriage under this Section is extinguished when the spouse has completed the age of twenty-first year or when the woman has become pregnant.
The action for the cancellation of the marriage under this Section is barred by prescription after one year from the day where the marriage is known.