On Tuesday, the Constitutional Court issued a landmark ruling that Section 1523 of the Civil Code violates Section 27 of the constitution, which ensures the protection of rights and liberties for all Thais regardless of sex. This decision paves the way for wives to sue their husbands’ lovers, irrespective of whether they are male or female.
Details of the Ruling
Section 1523 of the Civil Code previously allowed husbands to sue their wives’ lovers and wives to sue other women who publicly displayed an adulterous relationship with their husband. However, this provision did not account for same-sex relationships involving the husband, thus creating a gender-based disparity.
Keirov Kritteeranon, the secretary-general of the Office of the Ombudsman, noted that the Ombudsman had previously requested a review of Section 1523’s legality. The provision was challenged because it permitted wives to sue only female lovers of their husbands, while husbands could sue their wives’ lovers without restriction on the lover’s sex and without any need for public displays of the relationship.
Implications of the Ruling
The Constitutional Court’s decision to amend Section 1523 aims to eliminate this legal imbalance. The court has mandated that the ruling be enforced within 360 days, providing a timeframe for necessary legal adjustments.
Impact
This ruling is a significant step towards gender equality in the legal system, ensuring that both husbands and wives have equal rights to seek legal recourse against their spouse’s lovers. It aligns with the constitutional mandate of protecting individual rights and liberties regardless of sex, fostering a more equitable legal framework in Thailand.
In conclusion, the Constitutional Court’s decision marks a progressive shift in Thailand’s legal landscape, reinforcing the commitment to upholding the constitutional rights of all citizens.
