THE proposed Constitution for Thailand includes the term “third gender” to ensure fairer legal treatment for trans* people throughout the country.

The decision to legalise the Constitution will be made on August 6, and if approved, Thailand will join some other Asian countries such as India and Nepal who have already legally recognised third genders.

The Constitution Drafting Committee, a panel created by the Thai military junta, began working on a draft for the Constitution in January.

Committee spokesperson Kamnoon Sittisamarn said the term “third gender” would ensure all sexes are protected and considered equal.

“It is a human right if you were born a male or female and you want to have a sex change or lead a life of a different gender,” Sittisamarn told CNN.

“People should have [that] freedom to change sex and they should be equally protected by the Constitution and the law and treated fairly.”

Thailand’s large LGBT community plays a significant role in its entertainment industry, yet their laws remain largely conservative.

The current Constitution recognises people of various religions, ages, and gender, but it does not extend to trans* people.

“[The proposed Constitution] would treat all citizens equally and help to protect from discrimination in all areas including ease of doing business and also personal life,” Thai gay activist Natee Teerarojjanapongs said, according to Huffington Post.

By accepting a third gender, individuals in Thailand will be apple to correctly identify their gender on government documents.

“For trans* people, we cannot change our title name. I’m still a ‘mister’ in my country. I cannot change my title. My name is Mr Kath,” said Khangpiboon, an activist from the Thai Transgender Alliance in Bangkok.

Although recognising a third gender would not resolve all issues, Khangpiboon told CNN that it would be “history” for trans* rights and their advocacy work.

Thai trans* businessperson Jenisa Limpanilchart told CNN that it could be difficult for trans* people to be hired or accepted by companies, because of human resource issues such as which bathroom they can use.

“First of all in Thailand, we’re pretty well-accepted, we can walk in the street and we don’t have to fear that someone’s going to shoot you in the head,” Limpanilchart said.

“At the same time, the most difficult thing is at a professional level, that people don’t accept people like us.”

The draft for the Constitution does not have plans to recognise same-sex marriages.

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