The Thai Cabinet has tasked the Ministry of Justice with examining NHRC recommendations on allowing LGBTQ+ inmates to dress according to their gender identity. This follows complaints that transgender inmates, including those with breast augmentation surgery, were forced to wear clothing that didn't match their gender identity and denied appropriate undergarments, exposing them to harassment. The Ministry has 30 days to study the proposals with relevant agencies and report back to the Cabinet.

BANGKOK, April 8, 2025 — The Thai Cabinet has acknowledged recommendations from the National Human Rights Commission (NHRC) regarding dress codes for LGBTQ+ inmates and has assigned the Ministry of Justice to study the appropriateness of these recommendations within 30 days.

The NHRC's recommendations come in response to complaints that LGBTQ+ inmates were forced to wear trousers and denied permission to dress according to their gender identity. Particularly concerning was the case of transgender inmates who had undergone breast augmentation surgery but were not allowed to wear bras, leaving them vulnerable to sexual harassment.

According to the Department of Corrections statistics from January 15, 2024, there are 15 male-to-female transgender inmates who have completed gender reassignment surgery and one female-to-male transgender inmate. However, these statistics do not include LGBTQ+ inmates who have not undergone complete gender reassignment surgery, a group that faces significant challenges in accessing basic rights.

The NHRC has proposed three key recommendations:

1. Awareness Training: Increase awareness of gender diversity concepts among correctional officers who directly interact with inmates to eliminate discrimination based on gender identity.

2. Pre-trial Detainee Rights: Accelerate policies that distinguish between pre-trial detainees and convicted inmates, allowing pre-trial detainees more freedom in choosing appropriate clothing, in accordance with the presumption of innocence principle.

3. Regulation Amendments: Revise Department of Corrections regulations regarding inmate clothing (2538 B.E./1995) and hygiene (2561 B.E./2018) to better recognize the right to dress according to gender identity, especially regarding undergarments for transgender inmates who have undergone breast augmentation but not complete gender reassignment surgery.

The Cabinet has instructed the Ministry of Justice to work with the Ministry of Social Development and Human Security and other relevant agencies to study these recommendations and present their findings within 30 days.

The NHRC emphasized that while inmates may have certain rights restricted, their human dignity must be preserved, including respect for their gender identity.