GENDER EQUALITY OF THE NATIONAL CONSCRIPTION

Abstract

The Constitution of the Kingdom of Thailand of B.E.2560, Article 27, stipulates principles for equal protection of persons in the law, be protected, have rights, and have equal liberties under the law. Especially that, men and women are equal. Any unfair discrimination against individuals Regardless of reasons of origin, language, race, especially sex, is prohibited, and Article 50 provides for Persons are obliged to serve in the military as provided by law. However, the Military Service Act of B.E.2497, Article 7 states that only Thai men are obliged to serve in the military without giving a chance to Thai women or another gender to enter the military service. This law was influenced by the foreign ancient concept of military service laws which prioritized males over females. Thus causing the problem of unfair discrimination because of different gender factors. which is contrary to the principle of equality. This research studies theories and concepts about military enlistment as well as a comparative study of the relevant legal provisions of Thailand and other countries especially about gender equality in military service. The study found that Provisions relating to Thai military service have been in force for a long time. Causing gender inequality in regards to military service. It deprives the right to apply for military service voluntarily because it is currently a compulsory system and open to males only. The relevant laws must therefore be amended, in according to the provisions of the Constitution of the Kingdom of Thailand, by providing the opportunity for persons of all genders who voluntarily apply for military service including the transition from the conscription military service to the voluntary system in the future.