PROTECTION OF PRISONERS’ RIGHTS: A STUDY OF CONJUGAL VISITS FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER AND INTERSEX PRISONERS

Abstract

This article examines problems in protecting prisoners’ rights in cases of conjugal visits for lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) prisoners in Thailand where prisoner freedoms are restricted due to imprisonment, thereby affecting their families who are not incarcerated. In this way, incarceration may lead to further family rifts, with lack of interaction between prisoners and their families, partners, or spouses adding extra stress and social pressure. These in turn may lead to illicit sex and sexually transmitted diseases (STDs) in prison. Although the Department of Corrections allows conjugal visits to reduce such problems, LGBTQI prisoners do not share the same rights as heterosexual prisoners, which amounts to unfair discrimination on the grounds of gender. Furthermore, this measurement is incompatible with international standards. Because of these problems, this article applies an international comparative study of legal and regulatory measures in France and the United States of America (USA), where conjugal visitation privileges are all granted to LGBTQI prisoners. The article surveys regulations and provisions for granting conjugal visits to prisoners to find recommendations suitable for Thailand. Results are that France permits legal spouses, registered and unregistered domestic partners to visit prisoners and engage in sexual activity. By contrast, the USA allows only legal spouses and registered partners, but not domestic partners, such benefits. In addition, France and the USA have clear provisions and regulations regarding conjugal visits. These findings suggest that Thailand should expand conjugal visitation rights to include LGBTQI prisoners and enact specific legal provisions for conjugal visitation rights for enforcement standards in every prison.