LEGAL MEASURES CONCERNING ON THE PROTECTION OF HUMAN RIGHTS FOR THE POLITICAL RIGHTS OF CLAIMANT

Authors

  • Tanakit Teerapapharak Faculty of Law, Sripatum University Chonburi Campus Chonburi Thailand

Keywords:

Human rights protection, Individuals, Claim of political rights

Abstract

The objective of this thesis was to investigate legal measures on the protection of human rights for peaceful and unarmed civil rights activists who have been recognized and protected by the International Covenant on Civil Rights and the Political Rights of the United Nations and the Constitution of the Kingdom of Thailand, B.E. 2560 (2017). Claims of political rights is freedom of expression, which is not a crime under the criminal law that cannot be warranted or prosecuted against such people.

The study results found that the International Covenant on Civil Rights and the Political Rights of the United Nations and the Constitution of the Kingdom of Thailand, B.E. 2560 (2017) recognized the right to political freedom in the case of peaceful and unarmed assembly, but did not recognize the right to the immunity according to the law of the person who claim political rights in relation to the measures for the protection of human rights in a criminal way. The International Covenant on Civil Rights and the Political Rights of the United Nations designated political claims as freedom of expression, not crimes under criminal law, and therefore cannot be treated as individuals who have committed criminal offenses.

From the study, it is suggested that the Constitution of the Kingdom of Thailand, B.E. 2560( 2017) should be amended on the rights of justice by proposing that the claim of political rights is a reason that it cannot issue a criminal warrant or prosecute the people who claim the political rights and should add in the Criminal procedure code of Thailand and the Public Assembly Act, B.E. 2558 (2015) which provide for these types of cases may not issue a criminal warrant or can prosecute people who claim political rights included purely political offences, relative political offences, or offenses related to or linked to political offenses based on the race, religion, and nationality of the person who advocated for political rights.

References

Amornjittsuwane, S. (2020). Public Legal Philosophy. Ubonratchathani: Faculty of Law, Ubonratchathani University. (In Thai)

Charoenthanavat, K. (2019). Principle of Public law. Bangkok: Faculty of Law, Chulalongkorn University. (In Thai)

Department of International Organizations, Ministry of Foreign Affairs. (2015). International Covenant on Civil and Political Rights–ICCPR. . Retrieved September 11, 2020, from http://humanrights.mfa.go.th/upload/pdf/iccprt.pdf.

Department of International Organizations, Ministry of Foreign Affairs. (2020).Universal Declaration of Human Rights. Retrieved September 11, 2020, from http://humanrights.mfa.go.th/upload/pdf/udhr-th-en.pdf.

Kasemsup, P. (2017). Philosophy of Law. Bangkok: Faculty of Law, ThammasatUniversity. (In Thai)

Kornkittichai, C. (2016). Public assembly. Retrieved September 11, 2020, from https://library2.parliament.go.th/ebook/content-issue/2559/hi2559-043.pdf. (In Thai)

National Human Rights Commission Of Thailand. (2003). Retrieved September 11, 2020, from

http://www.nhrc.or.th/Human-Rights-Knowledge/International-Human-Rights-Affairs/International-Human-Rights-Instruments.aspx.

Niyomthai, A. (2010). Extradition Act, B.E. 2008. retrieved September 11, 2020, From

https://www.senate.go.th/assets/portals/93/fileups/272/files/S%E0%B9%88ub_Jun/10reform/reform13.pdf. (In Thai)

Ordinance, (2015). Public assembly Act 2015. Retrieved September 11, 2020, from

http://humanrights.mfa.go.th/th/humanrights/obligation/index.php.

Ordinance, (2015). Emergency Decree on Public Administration in 2548.. Retrieved September 11, 2020, from http://web.krisdika.go.th/data/law/law2/%A1119/%A1119-20-2548-a0001.htm.

Porjit, P. (2020). Human rights in many dimensions. Retrieved September 11, 2020, from

https://www.constitutionalcourt.or.th/occ_web/ewt_dl_link.php?nid=8828. (In Thai)

Saraban, C. (2020). Human rights development .Retrieved September 11, 2021, from

https://sites.google.com/site/charinton60154007/3khwam-sakhay-khxng-siththi-mnusy-chn-1. (In Thai)

Downloads

Published

2021-05-25

How to Cite

Teerapapharak, T. (2021). LEGAL MEASURES CONCERNING ON THE PROTECTION OF HUMAN RIGHTS FOR THE POLITICAL RIGHTS OF CLAIMANT. Academic Journal Phranakhon Rajabhat University, 12(1), 214–226. Retrieved from https://so01.tci-thaijo.org/index.php/AJPU/article/view/246291

Issue

Section

บทความวิจัย (Research Article)