LEGAL MEASURES CONCERNING ON THE PROTECTION OF HUMAN RIGHTS FOR THE POLITICAL RIGHTS OF CLAIMANT
Keywords:
Human rights protection, Individuals, Claim of political rightsAbstract
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.
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