Huachiew Chalermprakiet Law Journal

Offenses relating to prostitution in the Thai law

wuthichai tengpongsthorn — 2023-11-03

Currently, the business of prostitution and the sex trade in Thailand is still considered illegal and contrary to morality. Thai law requires that the business of prostitution and prostitution is an offense and is punishable by the two laws. First, the Prevention and Suppression of Prostitution Act 2539 which to punish both sex workers and people involved in prostitution. Secound, the Criminal Code which to punish the persons involved in prostitution.

Fairness Principle in the Processing of Alternative Credit Data under the Thai Personal Data Protection Framework

Kriengsak Areejitkasame — 2023-11-03

The purpose of this research article is to (1) study and review the origin, legal concept and practice of fairness principle in the protection of personal data, (2) examine the criteria and elements in law that determine fairness as applied to the processing of alternative credit data, and (3) analyze and evaluate whether the Thai personal data protection framework properly provides the data subject with fairness in the processing of alternative credit data by employing a qualitative research method and making a comparative analysis with foreign laws, frameworks, guidelines, and relevant cases. This study found that (1) fairness is an important and multifaceted concept of the protection of personal data and fundamental human rights; (2) the current technology and practice regarding the processing of alternative credit data brings the risk of discrimination based on sensitive data and by machine; (3) the Thai Personal Data Protection Act, 2019 (B.E. 2562) has not yet established principle of fairness in the case of alternative credit data processing. This study therefore proposes to establish fairness principle in the personal data protection law to ensure that the data subject's decision is immune from unfair treatment or discrimination, by human or machine, even after giving consent.

Adjust the criteria for exclusion from the succession as unworthy under the provisions of the Civil and Commercial Code, Section 1606.

Naranya Sengcharoen — 2023-11-03

According to Section 1606 of the Civil and Commercial Code, an heir forfeits their inheritance rights if they act in an unjust manner toward the decedent. On the other hand, is it unworthy of an inheritance or not if the heir has a legal relationship with the deceased but has no relationship with them or neglects their long-term care and needs? In light of these wrongful acts, should family members who have committed acts of violence, rape, or sexual abuse be prevented from inheriting property?

Several countries have started adjusting the grounds for exclusion from the succession in the same direction as of 2020. In addition, the French Civil Code, which was revised in 2020, provides that violence, rape, or sexual harassment to a family member is a reason to be prevented from inheriting. While the Lao Civil Code, which was announced and became effective in 2020, and the Korean Civil Code, which was revised in 2021, both determine that failure to comply with family support duties is a cause for the heir being disinherited.

In addition to me, it remains inappropriate to act violently toward family members or neglect the duty to support for family. In addition, over the past few years, several countries have begun to adjust the conditions for exclusion from succession in order to adjust to the concept of family institutions. The conditions for exclusion from succession should be modified so that they might be passed on to deserving heirs under the Thai Civil and Commercial Code.

Development of Strategies to Promote Competition in the Television Industry through Co-Production Measures

Theradej Manoleehagul — 2023-11-03

Co-production is the cooperation of multiple business operators in the media industry from different countries, which can contribute to each country's participation in producing program content for economic or cultural benefits. Through research, it has been found that most countries cooperate with foreign countries to co-produce television programs or films in formal and informal formats. This collaboration has resulted in benefits for business operators promoting joint production. Therefore, the researchers recommend that the business sector and the government encourage cooperation in program production between Thai and foreign entrepreneurs. Specifically, the government should establish various incentive measures to attract the interest of foreign entrepreneurs in collaborating on program production with Thai entrepreneurs, which will enhance the quality of Thai program content in the future.

Eliminating gender stereotypes in exercising the right to parental leave under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Mai Jansomboon — 2023-11-03

Child upbringing is a shared responsibility of both parents, but gender stereotypes tend to pose the burden of this responsibility onto women alone. Consequently, the state has an important role in taking appropriate measures to modify the social and cultural patterns of conduct of men and women. This includes promoting a proper understanding of the common responsibility of men and women in the upbringing of their children, according to article 5 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The right to parental leave is one mechanism to eliminate discrimination against women, but granting these rights to both parents alone may not be adequate, considered that social norms cause men to choose to forgo these rights or to use them sparingly. This article studied cases from Sweden, Norway, and Iceland to identify appropriate measures that do not lead to discrimination against women. This study found that designing measures with gender equality in mind can lead to changes in traditional gender stereotypes of people and society.

Development of activities to strengthen the mental strength of youth Sacred Heart Foundation Baan Suan Phraharuthai Lampang

Pornthip Kanthu — 2023-11-03

The study on the development of activities to strengthen the mental strength of youth Sacred Heart Foundation, Baan Suan Phraharuthai Lampang, aims to measure the level of activities to enhance the mental strength of youth and to measure the level of the mental strength of youth. The population and sample consisted of 26 junior high school youths of the Sacred Heart Foundation, Baan Suan Phraharuthai Lampang consisting of 2 males and 24 females. Data were collected using a questionnaire and mental strength assessment. Data were analyzed by frequency distribution, percentage, mean and standard deviation and analysed the mental strength before and after the activity to strengthen the mental strengthened by using the statistical t-test (Paired Samples-t-test). Mental strength found that the level of assessment activities strengthened the mental strength of youth. 70.59% of youths expressed their opinions that it was an activity that promoted their mental strength, in descending order: 1) Dream and life goals activities 2) Artistic relationship building activities 3) My talent activities 4) Sports activities, 5) self-acceptance and self-understanding activities, 6) smile positive thinking activities, 7) expressing feelings and dealing with emotions activities, 8) my body activities, and 9) coping tips activities. As for comparing the differences between the experimental results before and after participating in the mental strength activities, there were no differences in the experimental results before and after participating in the mental strength activities. Statistically significant at the 0.05 level.

Development of Case Management Process for Behavioral Modification of Children at Children's Home Foundation Pattaya

Kritsada Sukkaphat — 2023-11-03

The purpose of this research was to develop a case management process for child behavior adjustment in the Pattaya Orphanage, which was a specific study of the Pattaya Orphanage, Bang Lamung District, Chonburi Province. The co-research population consisted of administrators, professional personnel and teachers who work in child care of the Foundation for Children through the application of action research in the study, consisting of 6 steps: 1) problem study; 2) action research planning. 3) Actions, 4) Observation of performance results, 5) Reflection on performance results, and 6) Synthesis of guidelines for developing case management processes for effective child behavioral adjustment. The study found that the development of a case management process for effective behavioral adjustment of the Pattaya Orphanage can develop and correct complex child behavior into a continuous and coordinated operation process. Linked together starting from removing lessons on working to help children to discover needs, problems and challenges in working to help solve behavioral problems for children with complex behavioral problems in each age group and lead to planning analysis. Developed by formulating a case management process development plan to adjust the child's behavior of the foundation. The case management workshop process is an important mechanism of learning. Then, the case manager puts the case management knowledge into practice and reflects on the case manager's practice results in problem solving behavior of children and youth.

Legal Measures for Sustainable Wetland Management : A Study of the Khuan Kee Sian Wetland in Thale Noi Non-Hunting Area,Khuan Khanun District, Phatthalung Province,

่Jiraporn Makkaew — 2023-11-03

This article is part of a thesis titled "Legal Measures for Sustainable Wetland Management: A Study of the Khuan Kee Sian Wetland in Thale Noi Non-Hunting Area, Khuan Khanun District, Phatthalung Province," which aims to investigate legal measures related to the protection and conservation of the Kuan Kee Sian. This topic was researched to investigate the sources of the problem in the Khuan Kee Sian Wetlands, in accordance with the Convention on Wetlands of International Importance, particularly as a Waterfowl Habitat. to research Thai laws and policies. to investigate worldwide treaties and agreements on wetland management and to propose long-term solutions to the problem. Kuan Kee Sian wetlands are located in an area where wildlife hunting is prohibited. It was designated as Thailand's first non-hunting area in 1960, and in 1998, The Royal Thai Government suggested that the wetlands be included in the Ramsar Site List of Wetlands of International Importance under the Convention on Wetlands of National Importance. Particularly as waterfowl habitat (the Convention on Wetlands of International Importance, particularly Waterfowl Habitat) or the Ramsar Convention, which has the primary goal. Wetland resources must be managed wisely to conserve and stop the loss of the world's wetlands. It is a legally protected region. However the wetland is degradation. It was discovered in nature. The quality of surface water is degrading. The phenomena of eutrophication occur. The inappropriate type of land was used to encroach on community areas. According to the research study, the main reason for the problem was that the existing law had not been modified. And from communal conduct, such as dumping untreated effluent from kra-jood dyeing into nature. Garbage dumping beneath the home the community lacks a technically correct waste management facility. Wetland access is required by the community for agricultural and land development. Furthermore, the operation including the transfer of government officials in the Department of National Parks' wild animals and plants has an impact on the activities of the Thale Noi Wildlife Sanctuary. To ensure that these challenges can be avoided and lead to sustainable wetland management strategies. As a result, there is a request for more changes. pollution source The Promotion and Conservation of National Environmental Quality Act defines lethal substances. It was also planned in the Public Health Act of 1992 to develop a network between provinces having wetlands and to exchange personnel with wetlands experience. Establishing collaboration with other countries to participate in operations in the Kuan Kee Sian Area is one example. Additionally, it is proposed that the Ministry of Natural Resources and Environment issue a requirement or issue a notice requiring the civil service of the head of government agencies in protected areas to be stationed continuously for at least three years, including the establishment of an action plan that has cooperation with the country. Parties will exchange personnel and learn how to manage wetlands with similar concerns. Including provisions to allow communities and the Wetland Foundation to engage in the maintenance of the region.

The trial in absentia in case of the excused escape

Chuenjita Jongdee — 2023-11-03

Criminal justice is aimed at preventing crimes that affect the peace of society. To protect victims for fair treatment and to protect the rights of the accused in criminal cases, it must be assumed that the accused is not guilty before the final verdict. The trial and examination of witnesses in court must be conducted openly in front of the defendant. The basic human rights principle stipulates that all persons should receive equal and fair treatment. Not discriminated against. Equal protection of the law. Trial based on the principle of "listening to all parties" which International Covenant on Civil and Political Rights Section 14 (1) requires that individuals be equal in the court and the judiciary in criminal trials, which they must find guilty or trials concerning their rights and duties. All persons shall have the right to be considered openly and fairly; (3) (d) the right to be considered face-to-face by the .Measurement of Thai Criminal Code. 46 stipulated that the claim for compensation in civil cases must wait for the criminal case to reach its final judgment. The provisions of the law are civil and criminal. Therefore, the principle of behind-the-scenes trial is applied to benefit the plaintiff if the defendant escapes under Article 172/1, Article 172/2, Article 180, and Article 237 of the Code of Criminal Procedure. Criminal proceedings The court can proceed with the hearing and examination of witnesses behind the defendants' backs, the civil court. Therefore, the plaintiff could consider damages even if the defendant fled to confiscate the remaining assets to compensate the plaintiff. This was a fair trial for the plaintiff, but it affected the defendant's right to have no evil mind, intention to escape, such as moving, so he could not be subpoenaed. The defendant did not come to court on the date of the court's hearing to assume that all defendants had fled. Therefore, the right to return should be granted. Appear later to proceed with the retrial in accordance with human rights principles to maintain a balance between the benefits of both parties and the provisional release sentence. When the defendant has escaped, the case cannot be prosecuted. Therefore, the law should be revised once eaten that the life of the stumbling block is stopped.

Legal Problems Concerning Women’s Rights in ASEAN: Study on Cases of Brunei Darussalam, Cambodia, Indonesia and Malaysia

Prasit Aekaputra — 2023-11-03

Legal problems on women’s rights in ASEAN 10 members derive from many factors namely: weak structure of ASEAN Organization, weak legal mechanism, different legal systems amongst ASEAN members, different legal applications and interpretations, gaps of law and inefficiency in term of enforcement of law. In consequence, the problems on violations of women’s rights aggravate at the level of worrisome situation especially in the major tragic cases such as women trafficking, violence against women and girls, inequality between men and women, and discrimination against women and girls. Although, all members of ASEAN had already many laws for the protection of women’s rights and girls’ rights and became State Parties to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC), the bad situation of women’s rights as mentioned above is still going on. Therefore, all members of ASEAN should create a new legal mechanism for the strengthening and the enhancing of ASEAN human rights organs including legal harmonization on women’s rights. Furthermore, all ASEAN members need to modernize their human rights law and women’s rights law in line with the CEDAW and the United Nations Convention on the Rights of the Child (UNCRC), and improve their legal enforcement on this matter as much as possible without further delay.