among Malay children in Thailand, with consequential effects on the
inability to access many categories of civil service employment requiring
fluency in Thai. The Malays are consequently disadvantaged because the
language barrier imposed on the Malays denies them the opportunity for
social mobility and occupational diversification.35 One indirect
discriminatory outcome of Thailand’s language preference is thus
connected to favouring the economic interests of speakers of Thai to the
detriment of speakers of other languages, in this case the Malays.
3.4 Legitimacy and Reasonableness
While the Thailand government’s favouritism towards the Thai language
as the official and only language to be used in public education and civil
service employment may disadvantage members of the Malay minority in
the country, it does not necessarily follow that this is discrimination in
international law.
In the Costa Rican Naturalisation Case, the Inter-American Court held
that no discrimination exists if a difference in treatment has a legitimate
purpose and that it does not result in situations that are unreasonable, or
contrary to justice.36 Therefore, Thailand’s linguistic policy will not
constitute discrimination if it is for a legitimate purpose, and is reasonable
in the circumstances.37 Whether a policy is reasonable or not is contingent
on a state’s particular situation. What is deemed reasonable in a state might
be considered unreasonable in another.38
Some factors to be taken into account in determining whether Thailand’s
language policy towards the Malay minority is discriminatory are:
…the number of individuals who are denied a benefit or advantage
enjoyed by others who are primary speakers of the Thai language,
the territorial concentration of the Malay minority that find
themselves disadvantaged or denied the same benefit, the degree
of disadvantage or the burden they experience due to the state’s
preference for the Thai language, the desirability of a common
national language in Thailand, available resources and practicality,