The Constitution of 1997, for the first time, stipulates that human dignity, not only the rights and liberties of an individual, must be protected. There are many new rights introduced in this Constitution. This is a reflection of changes in the political and social environment in the country following the rapid expansion and growth of the economy in the 1990s. It also demonstrates the response of Thai people towards global trends and developments. Chiefs among these rights are individual rights, community rights, rights of children, the elderly, handicapped people’s rights, and equality of the sexes. Freedoms of information, the right to public health and education and consumer rights are also recognized. In all, there are
40 rights compared to only nine rights in the Constitution of 1932.
The Search for Order: Constitutions and Human Rights in Thai Political History
ReplyDeleteby Thanet Aphornsuvan
https://digitalcollections.anu.edu.au/bitstream/1885/42075/2/Thanet.pdf
The Constitution of 1997, for the first time, stipulates that human dignity, not only the rights and liberties of an individual, must be protected. There are many new rights introduced in this Constitution. This is a reflection of changes in the political and social environment in the country following the rapid expansion and growth of the economy in the 1990s. It also demonstrates the response of Thai people towards global trends and developments. Chiefs among these rights are individual rights, community rights, rights of children, the elderly, handicapped people’s rights, and equality of the sexes. Freedoms of information, the right to public health and education and consumer rights are also recognized. In all, there are 40 rights compared to only nine rights in the Constitution of 1932.
Regarding rights and liberties of the individual, the new Constitution of 1997 states that a person shall enjoy the right and liberty in his or her own person regarding one’s dignity, reputation and privacy, including a person’s family rights. A person has the liberty of dwelling, of travelling and the liberty of making a choice about his or her residence within the Kingdom. The right to practice any religion, to private property and inheritance, together with the right of expression, of association, and of information are also recognized.
People have the right to vote, to run in an election, to form a political party, and to have access to government information. The airwaves are also a common resource and cannot be monopolized by the government. People also have the equal right to utilize and make use of the frequencies. People are granted rights to sue the government and public agencies, and to lodge complaints with the Human Rights Commission and the Ombudsman. In criminal cases and other cases, legal procedures must not violate the accused person’s rights to a fair trial and investigation.
Another area of rights in the 1997 Constitution is the protection and promotion of individuals’ self-development. Section 42 states that “a person shall enjoy an academic freedom. Education, training, learning, teaching, researching and disseminating such research according to academic principles shall be protected provided that it is not contrary to his or her civic duties or good morals.” People shall have equal right to public education for the duration of not less than twelve years without charge.
The new sections on communal rights and liberties are those dealing with community rights, the preservation of natural resources and self-government. For example, section 46 states that, “Persons so assembling as to be a traditional community shall have the right to conserve or restore their customs, local knowledge, arts or good culture of their community and of the nation and participate in the management, maintenance, preservation and exploitation of natural resources and the environment in a balanced fashion and persistently as provided by law.”
Furthermore, the Constitution provides a mechanism by which the people can monitor and recall certain members of the House and the Cabinet. In protecting people’s justice, an administrative court will be set up to decide cases between people and government agencies and personnel.
Finally, for the first time, the Constitution grants people “the right to resist peacefully any act committed for the acquisition of power to rule the country by a means which is not in accordance with the modes provided in this Constitution.” (section 65)