Law Archives / Thailand / Constitution of the kingdom of Thailand, B.E. 2540 / CHAPTER III - Rights and Liberties of the Thai People 26-65

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Jan Garanoz
Thanon Pemavipat
Chiang Rai, 57000
Thailand

CHAPTER III - Rights and Liberties of the Thai People 26-65

    Section 26. In exercising powers of all State authorities, regard shall be had to human dignity, rights and liberties in accordance with the provisions of this Constitution.
    Section 27. Rights and liberties recognised by this Constitution expressly,by implication or by decisions of the Constitutional Court shall be protected and directly binding on the National Assembly, the Council of Ministers, Courts and other State organs in enacting, applying and interpreting laws.
    Section 28. A person can invoke human dignity or exercise his or her rights and liberties in so far as it is not in violation of rights and liberties of other persons or contrary to this Constitution or good morals.
     A person whose rights and liberties recognised by this Constitution are violated can invoke the provisions of this Constitution to bring a lawsuit or to defend himself or herself in the court.
     Section 29. The restriction of such rights and liberties asrecognised by the Constitution shall not be imposed on a person except by virtue of provisions of the law specifically enacted for the purpose determined by this Constitution and only to the extent of necessity and provided that it shall not affect theessential substances of such rights and liberties.
The law under paragraph one shall be of general application and shall not be intended to apply to any particular case or person; provided that the provision of the Constitution authorising its enactment shall also be mentioned therein.
     The provisions of paragraph one and paragraph two shall apply mutatis mutandis to rules or regulations issued by virtue of the provisions of the law.
    Section 30. All persons are equal before the law and shall enjoy equal protection under the law.
     Men and women shall enjoy equal rights.
     Unjust discrimination against a person on the grounds of the difference in origin, race, language, sex, age, physical or health condition, personal status, economic or social standing, religious belief, education or constitutionally political view, shall not be permitted.
     Measures determined by the State in order to eliminate obstacle to or to promote persons' ability to exercise their rights and liberties as other persons shall not be deemed as unjust discrimination under paragraph three.
     Section 31. A person shall enjoy the right and liberty in his or her life and person.
     A torture, brutal act, or punishment by a cruel or inhumane means shall not be permitted; provided, however, that punishment by death penalty as provided by law shall not be deemed the punishment by a cruel or inhumane means under this paragraph.
     No arrest, detention or search of person or act affecting the right and liberty under paragraph one shall not be made except by virtue of the law.
     Section 32. No person shall be inflicted with a criminalpunishment unless he or she has committed an act which the law in force at the time of commission provides to be an offence and imposes a punishment therefor, and the punishment to be inflicted on such person shall not be heavier than that provided by the law in force at the time of the commission of the offence.
     Section 33. The suspect or the accused in a criminal case shall be presumed innocent.      Before the passing of a final judgement convicting
a person of having committed an offence, such person shall not be treated as a convict.
     Section 34. A persons family rights, dignity, reputation or the right of privacy shall be protected.
     The assertion or circulation of a statement or picture in any manner whatsoever to the public, which violates or affects a person's family rights, dignity, reputation or the right of privacy,shall not be made except for the case which is beneficial to the public.
    Section 35. A person shall enjoy the liberty of dwelling.
     A person is protected for his or her peaceful habitation in and for possession of his or her dwelling place.
    The entry into a dwelling place without consent of its possessor or the search thereof shall not be made except by virtue of the law.
     Section 36. A person shall enjoy the liberty of travellingand the liberty of making the choice of his or her residence within the Kingdom.
    The restriction on such liberties under paragraph one shall not be imposed except by virtue of the law specifically enacted for maintaining the security of the State, public order, public welfare,town and country planing or welfare of the youth.
    No person of Thai nationality shall be deported or
prohibited from entering the Kingdom.
     Section 37. A person shall enjoy the liberty of communication by lawful means.
     The censorship, detention or disclosure of communication between persons including any other act disclosing a statement in the communication between persons shall not be made except by virtue of the provisions of the law specifically enacted for security of the State or maintaining public order or good morals.
     Section 38. A person shall enjoy full liberty to profess a religion,a religious sect or creed, and observe religious precepts or exercise a form of worship in accordance with his or her belief; provided that it is not contrary to his or her civic duties, public order or good morals.
     In exercising the liberty referred to in paragraph one, a person is protected from any act of the State, which is derogatory to his or her rights or detrimental to his or her due benefits on the grounds of professing a religion, a religious sect or creed or observing religious precepts or exercising a form of worship in accordance with his or her different belief from that of others.
     Section 39. A person shall enjoy the liberty to express his or her opinion, make speeches, write, print, publicise, and make expression by other means.
     The restriction on liberty under paragraph one shall not be imposed except by virtue of the provisions of the law specifically enacted for the purpose of maintaining the security of the State,safeguarding the rights, liberties, dignity, reputation, family or privacy rights of other person, maintaining public order or good morals or preventing the deterioration of the mind or health of the public.
     The closure of a pressing house or a radio or television station in deprivation of the liberty under this section shall not be made.
     The censorship by a competent official of news or articles before their publication in a newspaper, printed matter or radio or television broadcasting shall not be made except during the time when the country is in a state of war or armed conflict;provided that it must be made by virtue of the law enacted under the provisions of paragraph two.
     The owner of a newspaper or other mass media business shall be a Thai national as provided by law.
     No grant of money or other properties shall be made by the State as subsidies to private newspapers or other mass media.
     Section 40. Transmission frequencies for radio or television broadcasting and radio telecommunication are national communicationresources for public interest.
     There shall be an independent regulatory body having the duty to distribute the frequencies under paragraph one and supervise radio or television broadcasting and telecommunication businesses as provided by law.
     In carrying out the act under paragraph two, regard shall be had to utmost public benefit at national and local levels in education, culture, State security, and other public interests including fair and free competition.
    Section 41. Officials or employees in a private sector undertaking newspaper or radio or television broadcasting businesses shall enjoy their liberties to present news and express their opinions under the constitutional restrictions without the mandate of any State agency, State enterprise or the owner of such businesses; provided that it is no contrary to their professional ethics.
     Government officials, officials or employees of a State agency or broadcasting business enjoy the same liberties as those enjoyed by officials or employees under paragraph one.
     Section 42. 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.
     Section 43. A person shall enjoy an equal right to receive the fundamental education for the duration of not less than twelve years which shall be provided by the State thoroughly, up to the quality, and without charge.
     In providing education by the State, regard shall be had to participation of local government organisations and the private sector as provided by law.
     Section 44. A person shall enjoy the liberty to assemble peacefully and without arms.
     The restriction on such liberty under paragraph one shall not be imposed except by virtue of the law specifically enacted for the case of public assembling and for securing public convenience in the use of public places or for maintaining public order during the time when the country is in a state of war, or when a state of emergency or martial law is declared.
     Section 45. A person shall enjoy the liberty to unite and form an association, a union, league, co-operative, farmer group, private organisation or any other group.
     The restriction on such liberty under paragraph one shall not be imposed except by virtue of the law specifically enacted for protecting the common interest of the public,maintaining public order or good morals or preventing economic monopoly.
     Section 46. 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.
     Section 47. A person shall enjoy the liberty to unite and form a political party for the purpose of making political will of the people and carrying out political activities in fulfillment of such will through the democratic regime of government with the King as Head of the State as provided in this Constitution.
     The internal organization, management and regulations of a political party shall be consistent with fundamental principles of the democratic regime of government with the King as Head of the State.
    Members of the House of Representatives who are members of a political party, members of the Executive Committee of a political party, or members of a political party, of not less than the number prescribed by the organic law on political parties shall, if of the opinion that their political party's resolution or regulation on any matter is contrary to the status and performance of duties of a memberof the House of Representatives under this Constitution orcontrary to or inconsistent with fundamental principles of the democratic regime of government with the King as Head of the State, have the right to refer it to the Constitutional Court for decision thereon.
     In the case where the Constitutional Court decides
that such resolution or regulation is contrary to or inconsistent with fundamental principles of the democratic regime of government with the King as Head of the State, such resolution or regulation shall lapse.
     Section 48. The property right of a person is protected.
     The extent and the restriction of such right shall be in accordance with the provisions of the law.
     The succession is protected. The right of succession of a person shall be in accordance with the provisions of the law.
     Section 49. The expropriation of immovable property shall not be made except by virtue of the law specifically enacted for the purpose of public utilities, necessary national defence, exploitation of national resources, town and country planning, promotion and preservation of the quality of the environment, agricultural or industrial development, land reform, or other public interests, and fair compensation shall be paid in due time to the owner thereof as well as to all persons having the rights thereto,who suffer loss by such expropriation, as provided by law.
     The amount of compensation under paragraph one shall be fairly assessed with due regard to the normal purchase price, mode of acquisition, nature and situation of the immovable property, and loss of the person whose property or right thereto is expropriated.
     The law on expropriation of immovable property shall specify the purpose of the expropriation and shall clearly determine the period of time to fulfill that purpose. If the immovable property is not used to fulfill such purpose within such period of time, it shall be returned to the original owner or his or her heir.
     The return of immovable property to the original owner or his or her heir under paragraph three and the claim of compensation paid shall be in accordance with the provisions of the law.
     Section 50. A person shall enjoy the liberties to engage in an enterprise or an occupation and to undertake a fair and free competition.
     The restriction on such liberties under paragraph one shall not be imposed except by virtue of the law specifically enacted for maintaining the security and safety of the State or economy of the country, protecting the public in regard to public utilities,maintaining public order and good morals, regulating the engagement in an occupation, consumer protection, town and country planning, preserving natural resources or the environment, public welfare, preventing monopoly, or eliminating unfair competition.
     Section 51. Forced labour shall not be imposed except by virtue of the law specifically enacted for the purpose of averting imminent public calamity or by virtue of the law which provides for its imposition during the time when the country is in a state of war or armed conflict, or when a state of emergency or martial law is declared.
    Section 52. A person shall enjoy an equal right to receive standard public health service, and the indigent shall have the right to receive free medical treatment from public health centres of the State, as provided by law.
     The public health service by the State shall be providedthoroughly and efficiently and, for this purpose, participation by local government organisations and the private sector shall also be promoted insofar as it is possible .
    Section 53. Children, youth and family members shall have the right to be protected by the State against violence and unfair treatment.
     Children and youth with no guardian shall have the right to receive care and education from the State, as provided by law.
     Section 54. A person who is over sixty years of age and has insufficient income shall have the right to receive aids from the State, as provided by law.
     Section 55. The disabled or handicapped shall have the right to receive public conveniences and other aids from the State, as provided by law.
     Section 56. The right of a person to give to the State and communities participation in the preservation
and exploitation of natural resources and biological
diversity and in the protection, promotion and preservation of the quality of the environment for usual and consistent survival in the environment which is not hazardous to his or her health and sanitary condition, welfare or quality of life, shall be protected, as provided by law.
     Any project or activity which may seriously affect the quality of the environment shall not be permitted, unless its impacts on the quality of the environment have been studied and evaluated and opinions of an independent organisation, consisting of representatives from private environmental organisations and from higher
educationinstitutions providing studies in the environmental field, have been obtained prior to the operation of such project or activity, as provided by law.
    The right of a person to sue a State agency, State enterprise, local government organisation or other State authority to perform the duties as provided by law under paragraph one and paragraph two shall be protected.
     Section 57. The right of a person as a consumer shall be protected as provided by law.
     The law under paragraph one shall provide for an independent organisation consisting of representatives of consumers for giving opinions on the enactment and issuance of law, rules and regulations and on the determination of various measures for consumer protection.
     Section 58. A person shall have the right to get access to public information in possession of a State agency, State enterprise or local government organisation, unless the disclosure of such information shall affect the security of the State, public safety or interests of other persons which shall be protected as provided by law.
     Section 59. A person shall have the right to receive information, explanation and reason from a State agency,State enterprise or local government organisation before permission is given for the operation of any project or activity which may affect the quality of the environment,health and sanitary conditions, the quality of life or any other material interest concerning him or her or a local community and shall have the right to express his or her opinions on such matters in accordance with the public hearing procedure, as provided by law.
     Section 60. A person shall have the right to participate in the decision-making process of State officials in the performance of administrative functions which affect or may affect his or her rights and liberties, as provided by law.
     Section 61. A person shall have the right to present a petition and to be informed of the result of its consideration within the appropriate time, as provided by law.
     Section 62. The right of a person to sue a State agency, State enterprise, local government organization or other State authority which is a juristic person to be liable for an act or omission done by its Government official, official or employee shall be protected, as provided by law.
     Section 63. No person shall exercise the rights and liberties prescribed in the Constitution to overthrow the democratic regime of government with the King as Head of the State under this Constitution or to acquire the power to rule the country by any means which is not in accordance with the modes provided in thisConstitution.    In the case where a person or a political party has committed the act under paragraph one, the person knowing of such act shall have the right to request the Prosecutor General to investigate its facts and submit a motion to the Constitutional Court for ordering cessation of such act without, however, prejudice to the institution of a criminal action against such person.
     In the case where the Constitutional Court makes a decision compelling the political party to cease to commit the act under paragraph two, the Constitutional Court may order the dissolution of such political party.
     Section 64. Members of the armed forces or the police force, Government officials, officials or employees of State agencies, State enterprises or local government organizations shall enjoy the same rights and liberties under the Constitution as those enjoyed by other persons, unless such enjoyment is restricted by law, by-law or regulation issued by virtue of the law specifically enacted in regard to politics, efficiency, disciplines or ethics.
     Section 65. A person shall have the right to resist peacefully any act committed for the acquisition of the power to rule the country by a means which is not in accordance with the modes provided in this Constitution.