the state’s objective in favouring Thai and the social, cultural and
religious significance of a language.39
All these factors must then be considered and balanced to determine
whether Thailand’s language policy is reasonable and justified, in light of
the legitimacy of the objectives being pursued by the state, the methods
used, and the impact on the Malay minority who are denied a benefit or
suffer disadvantages.40 In many cases, the principle of non-discrimination
can only be effectively summoned where sufficiently large or territorially
concentrated individuals are adversely affected by the state’s unreasonable
preferences.41
3.5 Social, Cultural and Religious Significance
In making Thai the official language, Thailand is of course entitled to take
into account the central and unique role the Thai language has played in
the social, cultural or religious nature of Thai society.42 For example, Thai
culture has a strong basis in Buddhism, and the Thai language and script
have been strongly influenced by Sanskrit, because of the latter’s strong
association with Buddhism. It is even said to be almost impossible to feel
truly Thai or accepted as Thai unless one is a Thai-speaking Buddhist.
Additionally, the Thai King holds a traditional responsibility to uphold and
protect Buddhism and to exercise supervision over the Buddhist clergy. 43
The Thai language is thus considered necessary in expressing respect for
the Thai monarchy and for Buddhism. It is much more than a means of
communication; it also has religious, cultural and social significance that
cannot be overlooked. Thus, it appears legitimate for Thailand to have the
Thai language as the official or preferred language of the state. However,
this does not mean that it must be the only language used by the
institutions of the state, nor that Thailand may adopt practices that infringe
fundamental human rights by turning a blind eye to the existence of a
substantial number of individuals who speak another language. 44