Abstract:
The research on draft law on same sex partnership is a qualitative research by applying documentary research methodology and studying laws of Thailand, France, the Netherlands and Taiwan, as well as doing the field research by interviewing people related to the law usage.
The research revealed that the attempts to draft laws on same sex partnership by government and private organizations have existed for a long time. Until now, these attempts have not been finalized yet because the rights of people with sexual diversity in family establishment have not yet been approved comprehensively and equally. According to the interviewees notions, some thought the Civil and Commercial Code should be amended, and the legislation approving rights and duties should be separated from marriage. Moreover, all parties aimed to protect the rights of partners to be equal to the married couple. Using the equal rights to amend the Civil and Commercial Code to attain the rights equivalent to the opposite sex is not an approval that laws shall provide all aspects of equal rights. However, using the equal rights to draft laws for equal rights is important and necessary to attain the equal rights immediately. Therefore, no matter what kinds of laws it is, the rights approval shall be equal. For example, Taiwan has prepared the laws to approve rights separated from the previous laws, or it has been long for France and the Netherlands to prepare the laws.
The research suggestions are as follows: (1) determining the specific laws according to the intention appropriate to the partner so as to amend the laws quickly; (2) determining criteria and conditions of laws by using the intention of draft act as a guideline to consider the laws in comparison with rights and duties of men and women in family establishment instead of the strict interpretation which leads to the maximum restrictions; and (3) amending other related laws systematically in order to be fair and equal to all parties and to be acceptable in the society