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basis of the sex of the persons he or she is attracted to.

4. The right to çdignityé and çprivacyé in Section 34
can be interpreted as protecting gays, lesbians and kathoeys.

This would be consistent with a number of rulings of the
European Court of Human Rights, and also the ruling of the

UN Human Rights Committee in Toonen v. Australia.

Professor Vitit Muntarbhorn said of the 1997 Constitution:

In retrospect, the 16th Constitution had a number of

strengths. It was the first constitution which introduced
the notion of çhuman dignityé as the rationale for human
rights, and it established the principle that rights and

freedoms may be invoked directly in the courts and that
constraints on such rights must not undermine the

substance of the rights. Ç

Significantly, the country is a party to five human

rights treaties, namely the International Covenant on Civil
and Political Rights, the International Covenant on

Economic, Social and Cultural Rights, the Convention on
the Elimination of All Forms of Racial Discrimination,
the Convention on the Elimination of All forms of

Discrimination against Women and the Convention on

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