The Educational Rights of Thai Monks Under The Constitution of The Kingdom of Thailand 2560 B.E.

Abstract

This article aims to study the educational rights of Thai monks under the Constitution of  the Kingdom of Thailand B.E. 2560. The study found that the Constitution of the Kingdom of Thailand B.E. 2560 does not specifically mention the rights and freedoms in education of monks. However, it generally states in Section 27 that all persons are equal in the law and are entitled to equal protection under the law. Section 27, paragraph two, prohibits unfair discrimination against any person on the grounds of differences in origin, race, language, sex, age, disability, physical or health condition, personal status, economic or social standing, religious beliefs, education, or political opinions not contrary to the provisions of the Constitution, or any other grounds. When the Constitution of the Kingdom of Thailand B.E. 2560 stipulates that monks are persons, it means that monks are entitled to equal rights to education and academic freedom, training, and teaching as long as it does not conflict with public order or good morals and does not infringe on the rights or freedoms of others. Therefore, monks are not restricted by law and are not subject to conditions that limit their rights and freedoms. It is thus a legitimate right for monks to have educational rights and freedoms. This principle is also recognized and enshrined in the constitutions of various democratic civilized countries as a fundamental principle in guaranteeing equal rights and freedoms of all people as human beings to avoid unjust discrimination. In this regard, monks are a group of people who physically differ from other groups, have a status of birth according to the Dhamma-Vinaya, must comply with the law, have unique attire that cannot be changed, and hold religious beliefs with specific practices. However, these differences do not conflict with the provisions of the Constitution. Thus, monks should not be excluded from human society and should be protected in their educational rights and freedoms according to the Constitution of the Kingdom of Thailand B.E. 2560.