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Constitution of Thailand

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The Constitution of the Kingdom of Thailand ( Thai : รัฐธรรมนูญแห่งราชอาณาจักรไทย ; RTGS :  Ratthathammanun Haeng Ratcha-anachak Thai ) provides the basis for the rule of law in Thailand . Since the abolition of the absolute monarchy in 1932, Thailand has had 20 charters or constitutions (as of 2015), an average of one roughly every four years. Many changes followed military coups , reflecting the high degree of political instability in the country. After each successful coup, military regimes abrogated the existing constitution, generally without public consultation.

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104-446: The 1997 constitution of Thailand , often called the "people's constitution", was considered a landmark in terms of the degree of public participation involved in its drafting as well as the democratic nature of its articles. It stipulated an elected bicameral legislature , and many human rights were explicitly acknowledged for the first time. Many of these reforms disappeared in the military coup of 2006 . The current constitution

208-594: A codified constitution to resolve the bloodless coup of 1932 . The king signed a temporary charter on 27 June 1932 at 17:00, which began by announcing that "the highest power in the land belongs to all people." A significant disadvantage of a codified constitution is that controversies arise due to different understandings of the usages and customs from which the fundamental provisions of the constitution derive. Since 1932, Thailand has had 20 charters or constitutions (as of 2015)—an average of one roughly every four years—many adopted following military coups , which reflects

312-550: A constitutional crisis almost occurred when it appeared that the Parliament would not be able to convene within the constitutional time limit (see April 2006 House election results ). Thammasat University law lecturer Kittisak Prokati, a drafter of the post-2006 coup constitution , claimed that "the weakness of the 1997 constitution was that it was a charter without any constitutional or theoretical foundation." Although constitutional articles (specifically, article 80) committed

416-441: A constitutional monarchy . Widely varying, however, have been the strength of the legislature , the percentage of legislators appointed versus elected, the power of the monarch, and the strength of the executive . These parameters have been influenced by the political and military strength of the regime and the degree of support from the king and the palace. For instance, the 1959 Charter gave Sarit Dhanarajata absolute power over

520-563: A military-dominated government that gained power due to the 1991 Constitution provoked public calls for a more accountable system of government. In June 1994, the Committee of Democracy Development of the House of Representatives was established during the government of Chuan Leekpai . Chuan was forced to establish the Committee following a hunger strike by prominent activist Chalard Vorachat . The Committee, headed by academic Prawase Wasi , amended

624-1229: A successful military coup , and was replaced by the 2006 Constitution on 1 October 2006. Vajiralongkorn (Rama X) Dipangkorn Rasmijoti Paetongtarn Shinawatra ( PTP ) Phumtham Wechayachai ( PTP ) Suriya Juangroongruangkit ( PTP ) Anutin Charnvirakul ( BTP ) Pirapan Salirathavibhaga ( UTN ) Pichai Chunhavajira ( PTP ) Prasert Jantararuangtong ( PTP ) Wan Muhamad Noor Matha ( PCC ) Mongkol Surasajja [REDACTED] Wan Muhamad Noor Matha ( PCC ) Pichet Chuamuangphan ( PTP ) Paradorn Prissanananthakul ( BTP ) Natthaphong Ruengpanyawut ( PP ) [REDACTED] Mongkol Surasajja Kriangkrai Srirak Bunsong Noisophon President: Chanakarn Theeravechpolkul President: Prasitsak Meelarp President: Nakarin Mektrairat Diplomatic missions of / in Thailand Passport Visa requirements Visa policy Borders : Cambodia Laos Malaysia Myanmar (Maritime : India Indonesia Vietnam) Foreign aid The " Black May " public uprising against

728-488: A bloodless coup . A provisional constitution was sent to King Prajadhipok along with an ultimatum from party leaders. On 26 June, the king met the party leaders and refused to sign the charter. The next day, the king met the leaders again and signed the charter. The People's Party leaders generally followed the British parliamentary structure for the temporary charter. However, there were key differences, particularly regarding

832-536: A broad range of civil, political, economic, social, and cultural rights, such as the right to life , freedom of expression , protection against enslavement , and access to education . The modern concept of human rights gained significant prominence after World War II , particularly in response to the atrocities of the Holocaust , leading to the adoption of the Universal Declaration of Human Rights (UDHR) by

936-537: A central focus in international relations and legal frameworks, supported by institutions such as the United Nations, various non-governmental organizations, and national bodies dedicated to monitoring and enforcing human rights standards worldwide. Many of the basic ideas that animated the human rights movement developed in the aftermath of the Second World War and the events of the Holocaust , culminating in

1040-422: A country's population economically in order dampen that population's view of its government. It is also argued that, counterproductively, sanctions on offending authoritarian governments strengthen that government's position domestically as governments would still have more mechanisms to find funding than their critics and opposition, who become further weakened. The risk of human rights violations increases with

1144-508: A crowded Bangkok ballroom that Thailand urgently needed a new constitution, to help avert the potential calamity of political violence that might follow the death of King Bhumibol Adulyadej . None of the media outlets in the room dared report this highly sensitive speech. The 1996 amendment called for the creation of an entirely new constitution by a special committee outside the National Assembly . The Constitution Drafting Assembly (CDA)

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1248-562: A given country. Although not all NHRIs are compliant with the Paris Principles, the number and effect of these institutions is increasing. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris on 7–9 October 1991, and adopted by United Nations Human Rights Commission Resolution 1992/54 of 1992 and

1352-454: A high degree of political instability. After each successful coup, military regimes abrogated existing constitutions and promulgated new ones. Parliamentary institutions, as defined by Thailand's fourteen constitutions between 1932 and 1987, and competition among civilian politicians, have generally been facades for military governments. All of these called for a constitutional monarchy , but with widely differing separation of powers between

1456-601: A mandate to investigate alleged human rights violations. 47 of the 193 UN member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly . Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The council is based in Geneva , and meets three times a year; with additional meetings to respond to urgent situations. Independent experts ( rapporteurs ) are retained by

1560-650: A mandate to promote and safeguard certain of the rights later included in the Universal Declaration of Human Rights (UDHR): the primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity. The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to

1664-1250: A partly-appointed Senate and amnesty for the leaders of the 2006 coup. The most recent Constitution went into effect on April 6, 2017. The current constitution, known as the 2017 Constitution, contains a preamble and 16 chapters and transitory provisions: Vajiralongkorn (Rama X) Dipangkorn Rasmijoti Paetongtarn Shinawatra ( PTP ) Phumtham Wechayachai ( PTP ) Suriya Juangroongruangkit ( PTP ) Anutin Charnvirakul ( BTP ) Pirapan Salirathavibhaga ( UTN ) Pichai Chunhavajira ( PTP ) Prasert Jantararuangtong ( PTP ) Wan Muhamad Noor Matha ( PCC ) Mongkol Surasajja [REDACTED] Wan Muhamad Noor Matha ( PCC ) Pichet Chuamuangphan ( PTP ) Paradorn Prissanananthakul ( BTP ) Natthaphong Ruengpanyawut ( PP ) [REDACTED] Mongkol Surasajja Kriangkrai Srirak Bunsong Noisophon President: Chanakarn Theeravechpolkul President: Prasitsak Meelarp President: Nakarin Mektrairat Diplomatic missions of / in Thailand Passport Visa requirements Visa policy Borders : Cambodia Laos Malaysia Myanmar (Maritime : India Indonesia Vietnam) Foreign aid Siam (today known as Thailand ) has had 20 constitutions and charters since

1768-567: A reaction to slavery, torture, genocide, and war crimes. The medieval natural law tradition was heavily influenced by the writings of St Paul's early Christian thinkers such as St Hilary of Poitiers , St Ambrose , and St Augustine . Augustine was among the earliest to examine the legitimacy of the laws of man, and attempt to define the boundaries of what laws and rights occur naturally based on wisdom and conscience, instead of being arbitrarily imposed by mortals, and if people are obligated to obey laws that are unjust . The Kouroukan Fouga

1872-493: A typology of six paradigms of action that agents, such as human rights agencies, international organizations, individual states, and NGOs , could use to enforce human rights: (1) accountability, (2) inducement, (3) assistance, (4) domestic contestation and engagement, (5) compulsion, and (6) external adaptation. Responsibility to protect refers to a doctrine for United Nations member states to intervene to protect populations from atrocities. It has been cited as justification in

1976-618: Is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The commission has three broad areas of responsibility: In pursuit of these goals, the commission

2080-663: Is an autonomous organ of the Organization of American States, also based in Washington, D.C. Along with the Inter-American Court of Human Rights , based in San José , Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in

2184-725: Is an international organization, headquartered in Washington, D.C., United States. Its members are the thirty-five independent states of the Americas. Over the course of the 1990s, with the end of the Cold War , the return to democracy in Latin America, and the thrust toward globalization , the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following: The Inter-American Commission on Human Rights (the IACHR)

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2288-466: Is indicative of the degree of political instability in Thailand. The majority of charters and constitutions were the direct or indirect result of military coups. Charters and constitutions for much of Thai history can be thought of not as instruments of the people to control the government, but as instruments by which a government controls its people. All of Thailand's charters and constitutions have allowed

2392-410: Is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45). With the creation of

2496-478: Is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by state judiciaries and other judiciaries. In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in

2600-859: Is supported by the Division for the Advancement of Women (DAW). CEDAW formerly held all its sessions at United Nations headquarters in New York but now frequently meets at the United Nations Office in Geneva; the other treaty bodies meet in Geneva. The Human Rights Committee usually holds its March session in New York City. The human rights enshrined in the UDHR, the Geneva Conventions and the various enforced treaties of

2704-471: Is widely accepted, debates persist regarding which rights should take precedence, how they should be implemented, and their applicability in different cultural contexts. Criticisms often arise from perspectives like cultural relativism , which argue that individual human rights are inappropriate for societies that prioritise a communal or collectivist identity, and may conflict with certain cultural or traditional practices. Nonetheless, human rights remain

2808-414: The 2006 interim constitution promulgated after the army-led September 2006 Thailand coup . The 2007 Constitution was written by a group of drafters appointed by the army-led Council for National Security , but was approved by a public referendum. Prior to the referendum, the military junta passed a law making it illegal to publicly criticize the draft. Controversial features in the constitution included

2912-701: The African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice. The Court of Justice of

3016-629: The Constitutional Court and the National Anti-Corruption Commission, was very high. However, critics complained that the government had sought to politicize the process of appointments to independent agencies. The January 2001 House elections , the first House elections contested under the 1997 constitution, were called the most open, corruption-free elections in Thai history. Political parties were effectively strengthened, and

3120-511: The Election Commissioners were jailed and the election results overturned by the Constitutional Court . The constitution was also criticized for the lack of clarity with which it defines the King's role in politics (see Royal powers and 2006 demand for royal intervention ). The Senate's role in scrutinizing Constitutional Court appointments came under much criticism (see Appointment of

3224-399: The United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity , freedom, and justice. The UDHR has since inspired numerous international treaties and national laws designed to promote and safeguard these rights globally. While the principle of universal human rights

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3328-1022: The United Nations Security Council and the United Nations Human Rights Council , and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to: ... achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. The UN Human Rights Council, created in 2005, has

3432-476: The Virginia Declaration of Rights of 1776 encoded into law a number of fundamental civil rights and civil freedoms. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Philosophers such as Thomas Paine , John Stuart Mill , and Hegel expanded on

3536-433: The common law and many later constitutional documents related to human rights, such as the 1689 English Bill of Rights , the 1789 United States Constitution , and the 1791 United States Bill of Rights . 17th century English philosopher John Locke discussed natural rights in his work, identifying them as being "life, liberty, and estate (property)", and argued that such fundamental rights could not be surrendered in

3640-923: The social contract . In Britain in 1689, the English Bill of Rights and the Scottish Claim of Right each made a range of oppressive governmental actions, illegal. Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of which articulated certain human rights. Additionally,

3744-474: The "people's constitution", was considered a landmark in terms of the degree of public participation involved in its drafting as well as the democratic nature of its articles. It stipulated a bicameral legislature , both houses of which were elected. Many human rights were explicitly acknowledged for the first time, and measures were established to increase the stability of elected governments. The 2007 Constitution of Thailand promulgated in 2007, replacing

3848-637: The 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law , to be further developed following the two World Wars. The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I . The League's goals included disarmament, preventing war through collective security, settling disputes between countries through negotiation, diplomacy and improving global welfare. Enshrined in its Charter

3952-629: The 1991 Constitution but was unable to push through further reform. However, it did identify many basic frameworks which would become influential for subsequent political change. After the collapse of the Chuan government, the 1995-1996 government of Banharn Silpa-archa established a Political Reform Committee which amended the Constitution again on 22 October 1996. Efforts to adopt a new constitution gained increasing public support. On 2 November 1995, noted royalist and social critic Dr. Prawase Wasi declared to

4056-444: The 1991 Constitution, and was widely hailed as a landmark in Thai democratic constitutional reform, it represented the most democratic constitution in the nation's history. The Constituent assembly was elected by the National Assembly (Thailand) on 26 December 1996, shortly after 1996 Thai general election . The 1997 constitution was the first constitution to be drafted by a popularly elected Constitutional Drafting Assembly, hence

4160-511: The 1997 constitution continued to rely on the 1924 Palace Law of Succession with regards to succession. The Palace Law was based on primogeniture , and the heir apparent was Prince Vajiralongkorn . As with most post-1974 constitutions, the Privy Council could appoint a princess as successor to the throne, but only in the absence of an heir apparent. Amendment of the Palace Law of Succession was

4264-465: The African Court on Human and Peoples' Rights entered into force in January 2004, but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries. There are many countries in Africa accused of human rights violations by the international community and NGOs. The Organization of American States (OAS)

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4368-527: The African Union is intended to be the "principal judicial organ of the Union" (Protocol of the Court of Justice of the African Union, Article 2.2). Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing

4472-496: The Duty of Civil Disobedience which was later influential on human rights and civil rights thinkers. United States Supreme Court Justice David Davis , in his 1867 opinion for Ex Parte Milligan , wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people." Many groups and movements have managed to achieve profound social changes over

4576-616: The General Assembly Resolution 48/134 of 1993. The Paris Principles list a number of responsibilities for national institutions. The African Union (AU) is a continental union consisting of fifty-five African states. Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market. The African Commission on Human and Peoples' Rights (ACHPR)

4680-501: The People's Committee were initially appointed. After 10 years or after half the population had completed primary education , the Assembly would be completely elected. The monarch was not held to be infallible . He had a limited degree of sovereign immunity : although he could not be prosecuted in an ordinary court of law, the Assembly could impeach and try him. The monarch did not have

4784-404: The People's Party made many concessions to the palace in putting together the new government. The premiership and the foreign ministry were given to two hard-line royalists: Phraya Manopakorn Nitithada and Phraya Srivisan Vacha . A total of four members of the People's Committee were royalists who were not part of the People's Party. Of the 70 members of the legislature, less than half came from

4888-413: The People's Party, while the majority were high-ranking officials of the old regime. Despite this, the charter provoked fierce resistance from the palace. The new government reduced the palace budget and passed a taxation law that burdened the kingdom's largest landowners, who were mostly nobles. In September 1932, a senior prince threatened the king's abdication if a permanent constitution did not grant

4992-458: The School of Salamanca, defined law as a moral power over one's own.50 Although they maintained at the same time, the idea of law as an objective order, they stated that there are certain natural rights, mentioning both rights related to the body (right to life, to property) and to the spirit (right to freedom of thought, dignity). The jurist Vázquez de Menchaca, starting from an individualist philosophy,

5096-403: The UDHR and accompanying treaties, but the UDHR quickly became the priority. Canadian law professor John Humprey and French lawyer René Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include

5200-545: The UDHR binding on all states. They came into force only in 1976, when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992). The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals. Numerous other treaties ( pieces of legislation ) have been offered at

5304-528: The United Nations are enforceable in law. In practice, many rights are very difficult to legally enforce due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them. There exist a number of internationally recognized organisations with worldwide mandate or jurisdiction over certain aspects of human rights: The ICC and other international courts (see Regional human rights below ) exist to take action where

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5408-539: The absolute monarchy. On 20 June, the remnants of the People's Party military faction seized power and reinstated the legislature. In August 1933, the government began registering candidates for village representatives who would cast votes in indirect elections for half of the legislature. It also started registering candidates for the legislature. Elections in some provinces started in October, but most were held in November. In

5512-431: The adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. Ancient peoples did not have the same modern-day conception of universal human rights. However, the concept has in some sense existed for centuries, although not in the same way as today. The true forerunner of human rights discourse was the concept of natural rights , which first appeared as part of

5616-491: The basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights . The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized. Humphrey and Cassin intended

5720-400: The branches of government. Most of them stipulated parliamentary systems , but several of them also called for dictatorships , e.g., the 1957 Charter. Both unicameral and bicameral parliaments have been used, and members of parliament have been both elected and appointed. The direct powers of the monarch have also varied considerably. The 1997 constitution of Thailand , often called

5824-450: The concept of human rights has been argued as a strategy to prevent human rights abuses. Many examples of legal instruments at the international, regional and national level described below are designed to enforce laws securing human rights. The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation. All UN organs have advisory roles to

5928-458: The conflict, fled to England a few weeks after the defeat. 1997 constitution of Thailand The Constitution of the Kingdom of Thailand, Buddhist Era 2540 (1997) ( Thai : รัฐธรรมนูญแห่งราชอาณาจักรไทย พุทธศักราช ๒๕๔๐ , RTGS :  Ratthathammanun Haeng Ratcha-anachak Thai Phutthasakkarat Song Phan Ha Roi Si Sip ) was a constitution of Thailand enacted on 11 October 1997 to replace

6032-578: The constitution's successful approval. The draft was approved by the National Assembly with 518 votes for, 16 against, and 17 abstentions. A referendum, called for if the draft was rejected by the National Assembly, was not necessary. The 1997 constitution had 12 Chapters and a section of Transitory Provisions, containing a total of 317 Sections. Compared to previous Thai constitutions , The 1997 constitution had contained several innovations in key areas, including: Like most preceding constitutions,

6136-571: The core international human rights treaties. They are supported by and are created by the treaty that they monitor, With the exception of the CESCR, which was established under a resolution of the Economic and Social Council to carry out the monitoring functions originally assigned to that body under the Covenant, they are technically autonomous bodies, established by the treaties that they monitor and accountable to

6240-711: The council to investigate alleged human rights abuses and to report to the council. The Human Rights Council may request that the Security Council refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC. In addition to the political bodies whose mandate flows from the UN charter, the UN has set up a number of treaty-based bodies, comprising committees of independent experts who monitor compliance with human rights standards and norms flowing from

6344-437: The course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour . The women's rights movement succeeded in gaining for many women the right to vote . National liberation movements in many countries succeeded in driving out colonial powers. One of

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6448-425: The draft. A process of public consultation took place on a nationwide basis. Some clauses, particularly the requirement that all MP's hold bachelor's degrees, the party list system, the Constitutional Court , and decentralisation provoked strong criticism, particularly from smaller parties. The Asian Economic Crisis of 1997 increased public awareness about the need for reform, and has been cited as an impetus for

6552-433: The effective number of parties in the legislature fell dramatically from an average of 6.2 before 1997 to 3.1 in 2001. While the number of parties decreased, remaining parties developed clearer and more distinguishable platforms. The Constitution also weakened the legislative influence of civil servants and local power-brokers and businessmen, while strengthening political parties and professional politicians. Most criticism

6656-437: The events of World War II . The UDHR urges member states to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and make sure they did their duties to their citizens following the model of the rights-duty duality . ... recognition of

6760-482: The executive and the legislature, which reflected the overwhelming strength with which he executed a coup over Plaek Pibulsonggram as well as his strong support from the palace. Based on the degree by which the legislature is elected, Thailand's 20 constitutions and charters can be categorized into three groups: On 24 June 1932, the People's Party , a coalition of civil servants, princes, and army officers, seized power in

6864-1009: The experience of sexual initiation rites with men and passing sex training tests on girls are designed to make them more appealing as marriage prospects. Measures to help the economic status of vulnerable groups in order to reduce human rights violations include girls' education and guaranteed minimum incomes and conditional cash transfers , such as Bolsa familia which subsidize parents who keep children in school rather than contributing to family income, has successfully reduced child labor . Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent non-governmental organizations , such as Amnesty International , Human Rights Watch , World Organisation Against Torture , Freedom House , International Freedom of Expression Exchange and Anti-Slavery International . These organisations collect evidence and documentation of human rights abuses and apply pressure to promote human rights. Educating people on

6968-509: The first Constitutional Court ). The Senate was criticized for its allegedly partisan behavior, with both pro- and anti- government factions being elected in the Senate elections of 2006. Restrictions on campaigning and political party membership for members of the Senate led one commentator to call it a "motley collection of B-list celebrities and D-list hangers-on." In House elections in April 2006 ,

7072-469: The hemisphere. Its human rights duties stem from three documents: The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under

7176-400: The inclusion of all rights in a Unity Resolution, the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others. Although this allowed the covenants to be created, it denied the proposed principle that all rights are linked, which was central to some interpretations of the UDHR. Although the UDHR is a non-binding resolution, it

7280-548: The increase in financially vulnerable populations. Girls from poor families in non-industrialized economies are often viewed as a financial burden on the family and marriage of young girls is often driven in the hope that daughters will be fed and protected by wealthier families. Female genital mutilation and force-feeding of daughters is argued to be similarly driven in large part to increase their marriage prospects and thus their financial security by achieving certain idealized standards of beauty. In certain areas, girls requiring

7384-612: The inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame

7488-589: The international level. They are generally known as human rights instruments . Some of the most significant are: In 2021 the United Nations Human Rights Council officially recognized "having a clean, healthy and sustainable environment" as a human right. In April 2024, the European Court of Human Rights ruled, for the first time in history, that the Swiss government had violated human rights by not acting strongly enough to stop climate change. Charles Beitz proposes

7592-531: The issue of the term universal , the declarations did not apply to domestic discrimination or racism. Henry J. Richardson III argued: The onset of the Cold War soon after the UDHR was conceived brought to the fore divisions over the inclusion of both economic and social rights and civil and political rights in the declaration. Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as

7696-527: The latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states. There are no Asia-wide organisations or conventions to promote or protect human rights. Countries vary widely in their approach to human rights and their record of human rights protection. The Association of Southeast Asian Nations (ASEAN) is a geo-political and economic organization of 10 countries located in Southeast Asia, which

7800-611: The medieval natural law tradition. It developed in new directions during the European Enlightenment with such philosophers as John Locke , Francis Hutcheson , and Jean-Jacques Burlamaqui , and featured prominently in the political discourse of the American Revolution and the French Revolution . From this foundation, the modern human rights arguments emerged over the latter half of the 20th century, possibly as

7904-399: The midst of the elections, in October 1933, royalist factions led by Prince Boworadej and Phraya Sri Sitthi Songkhram led a rebellion against the government. After two weeks of violent fighting, during which Bangkok was bombed and Sri Sitthi Songkhram was killed, the People's Party defeated the rebels. Prince Boworadej fled abroad. Prince King Prajadhipok , who claimed neutrality during

8008-476: The military's supreme commander, and defense permanent secretary. The bicameral Parliament could also select a candidate as Prime Minister who is not one of its members or even a politician. Critics suggest it effectively allows the military to control the government whatever the outcome of subsequent elections. The Rattanakosin Kingdom and the four traditionally counted preceding kingdoms, collectively called Siam , had an uncodified constitution until 1932. In

8112-576: The most influential was Mahatma Gandhi 's leadership of the Indian independence movement . Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement , and more recent diverse identity politics movements, on behalf of women and minorities in the United States. The foundation of the International Committee of the Red Cross ,

8216-462: The national legal system of a state is unable to try the case itself. If national law is able to safeguard human rights and punish those who breach human rights legislation, it has primary jurisdiction by complementarity. Only when all local remedies have been exhausted does international law take effect. In over 110 countries, national human rights institutions (NHRIs) have been set up to protect, promote or monitor human rights with jurisdiction in

8320-414: The overthrow of absolute monarchy in 1932. Charters have traditionally been temporary instruments, promulgated following military coups . However, some charters, for instance the 1959 Charter of military dictator Sarit Dhanarajata , were used for years at a time. The 2006 coup resulted in an interim constitution rather than an interim charter. The great number of charters and constitutions since 1932

8424-403: The palace greater power. The People's Party, facing an internal power struggle and opposition from the king, promulgated a permanent constitution on 10 December 1932 that gave the monarchy a significant increase in authority compared to the temporary charter. This day, 10 December, is currently celebrated as Constitution Day. The constitution continued to state that sovereign power belonged to

8528-462: The people of Siam . However, unlike the temporary charter, the monarchy would now be the direct exerciser of that power, rather than the branches of government. This royal power would be exercised by and with the advice and consent of the People's Assembly, the State Council (the cabinet), and the courts. However, the monarchy lacked any say in the composition of any of the branches of government and

8632-472: The powers of the monarch. The charter began by stating that sovereign power belongs to the people of Siam . Empowered to exercise power on behalf of the people were the People's Assembly (the legislature ) a 70-member, all appointed by the Khana Ratsadon, a 15-member People's Committee of Siam (the executive ), the courts of law (the judiciary ), and the monarch. Members of the People's Assembly and

8736-670: The preamble to the Penal Code promulgated 1 April 1908, which came into effect on 21 September, King Chulalongkorn ( Rama V) stated: "In the ancient times the monarchs of the Siamese nation governed their people with laws which were originally derived from the Dhamasustra of Manu , which was then the prevailing law among the inhabitants of India and the neighbouring countries ." The transition from absolute monarchy to constitutional democracy began when King Prajadhipok (Rama VII) agreed to

8840-415: The right to grant pardons . Several other features would be mirrored in later constitutions. The monarch would not have an absolute veto . Any law vetoed by the king was sent back to the Assembly, which could approve it with a simple majority . The charter followed the 1924 Palace Law with regards to succession . The Assembly, however, reserved the right to formally approve the successor. In practice,

8944-474: The right to work and the right to join a union). Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion. Because of the divisions over which rights to include and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for

9048-652: The rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble: Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi . The inclusion of both civil and political rights and economic, social, and cultural rights

9152-613: The royal veto could still be overruled. The monarchy was also made "sacred and inviolable", in contrast to the temporary charter. After the new constitution was adopted, a new 20-member cabinet was formed; 10 of whom came from the People's Party. On 7 January 1933, the Nationalist Party ( Thai : คณะชาติ ) was officially registered, with Luang Vichitvadakan, Phraya Thonawanikmontri, and Phraya Senasongkhram as leaders. The People's Party had been officially registered in August 1932. The Assembly

9256-511: The sole prerogative of the reigning King. The 1997 Constitution's successor, the 2006 Interim Constitution , was conspicuous in its failure to mention the matter of succession. The Constitution was called a "revolution in Thai politics... A bold attempt at conferring greater power to the Thai people than had ever been granted before." It was highly praised for the participative process involved in its drafting, its enshrinement of human rights, and its significant advances in political reform. It

9360-639: The state parties of those treaties – rather than subsidiary to the United Nations, though in practice they are closely intertwined with the United Nations system and are supported by the UN High Commissioner for Human Rights (UNHCHR) and the UN Centre for Human Rights. Each treaty body receives secretariat support from the Human Rights Council and Treaties Division of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which

9464-755: The state to promote equal rights between men and women, there was little progress in implementing specific laws to promote equality. In practice only around 10% of MPs and senators are female, and less than 6% of ministers. Only 8.9% of district officers and 2.6% of provincial governors are women. Human rights Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws . These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human , regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass

9568-439: The theme of universality during the 18th and 19th centuries. In 1831, William Lloyd Garrison wrote in a newspaper called The Liberator that he was trying to enlist his readers in "the great cause of human rights", so the term human rights probably came into use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a contemporary, Henry David Thoreau , wrote about human rights in his treatise On

9672-572: The use of recent military interventions. An example of an intervention that is often criticized is the 2011 military intervention in the First Libyan Civil War by NATO and Qatar where the goal of preventing atrocities is alleged to have taken upon itself the broader mandate of removing the target government. Economic sanctions are often levied upon individuals or states who commit human rights violations. Sanctions are often criticized for its feature of collective punishment in hurting

9776-414: The well-known Valladolid Debate that took place in 1550 and 1551. The thought of the School of Salamanca, especially through Francisco Vitoria, also contributed to the promotion of European natural law. From this foundation, the modern human rights arguments emerged over the latter half of the 20th century. Magna Carta is an English charter originally issued in 1215 which influenced the development of

9880-602: Was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights. The League of Nations had mandates to support many of the former colonies of the Western European colonial powers during their transition from colony to independent state. Established as an agency of the League of Nations, and now part of United Nations, the International Labour Organization also had

9984-514: Was adopted in 2017. The 105-page, 279-article proposed constitution was approved by 61.4 percent of Thai voters with 59.4 percent of the public participating. It allows the National Council for Peace and Order (NCPO) to appoint an eight to ten person panel who will choose Senators, and includes six seats reserved for the heads of the Royal Thai Army , Navy , Air Force , and Police , plus

10088-658: Was based on the view that the Constitution was too effective in some of its reforms. One of the members of the Drafting Committee, Amorn Chantarasomboon , claimed that an overly strong and stable government brought on a " tyranny of the majority " and a " parliamentary dictatorship ." Independent agencies like the National Human Rights Commission and the National Anti-Corruption Commission were also criticized as weak and vulnerable to government and court challenges. Following House elections in April 2006 ,

10192-536: Was decisive in the dissemination of the term iura naturalia . This natural law thinking was supported by contact with American civilizations and the debate that took place in Castile about the just titles of the conquest and, in particular, the nature of the indigenous people. In the Castilian colonization of America, it is often stated, measures were applied in which the germs of the idea of Human Rights are present, debated in

10296-411: Was expanded to 156 members, 76 elected and 76 appointed. On 31 January 1933, the king sent a letter to the premier requesting that all political parties be abolished. On 14 April, the premier disbanded the People's Party. He later adjourned the legislature and reshuffled the leadership of the army, giving leadership to Phraya Phichaisongkhram and Phraya Sri Sithi Songkhram , both military leaders during

10400-538: Was formed with 99 members: seventy-six of them directly elected from each of the provinces and 23 qualified persons short-listed by the Parliament from academia and other sources. Anand Panyarachun , Premier in 1991 under the military regime , was selected as a member of the CDA and appointed Chairman of the Drafting Committee. Political scientists and jurists Chai-Anan Samudavanija , Amorn Chantarasomboon , Uthai Pimchaichon , and Borwornsak Uwanno were key influencers of

10504-474: Was popularly called the " People's Constitution ". The 1997 constitution created a bicameral legislature . For the first time in Thai history, both houses were directly elected . Many human rights are explicitly acknowledged in the text, and measures were established to increase the stability of elected governments. The Constitution was repealed by the Council for Democratic Reform on 19 September 2006 following

10608-473: Was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. Although this principle was not opposed by any member states at the time of adoption (the declaration was adopted unanimously, with the abstention of the Soviet bloc , apartheid South Africa, and Saudi Arabia ), this principle was later subject to significant challenges. On

10712-543: Was the constitution of the Mali Empire in West Africa . It was composed in the 13th century, and was one of the very first charters on human rights. It included the "right to life and to the preservation of physical integrity" and significant protections for women. Spanish scholasticism insisted on a subjective vision of law during the 16th and 17th centuries: Luis de Molina, Domingo de Soto and Francisco Vitoria, members of

10816-554: Was viewed as successful in fostering democratic development and increasing political stability. Its measures to politically empower and protect citizens were also praised. The new constitution was cited for its role in bringing down the Ministers of Public Health and Agriculture during corruption scandals in the government of Chuan Leekpai . There was also praise for the ease with which the constitution could be amended. Public faith in democracy in general, and in constitutional agencies like

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