Page 30 - รายงานฉบับสมบูรณ์ โครงการศึกษาวิจัย เรื่อง การประเมินข้อมูลพื้นฐานระดับชาติด้านธุรกิจและสิทธิมนุษยชน : นโยบาย กฎหมาย และมาตรการที่เกี่ยวข้องกับการลงทุนของประเทศ

issues 3) forthcoming issues 4) issues that easy to accommodate and 5) foundation issues

that lead to other problems. The issue will need to have at least one of the above
characteristics to be considered as a current important issue.

This research employs quantitative data from various government organization as
well as experts’opinions from focus group seminar and interviews to gather the issue.

Experts are chosen from representatives of government agency, business sector, NHRC (both

the committee and the office), non-government organization, academic, and legal expert.

One of the primary gaps is part of the constitution of the kingdom of Thailand (B.E.

2560), which are:

1. The scope of the constitution does not give enough protection for the migrant

worker who works in Thailand, Thai people who are violated abroad, and Thai
business invested abroad.

2. The wordings in Article 25 and Article 26 of the constitution can be interpreted in
various ways. These wordings are 1) some rights may not be recognized under

the constitution if its involve the national security issues, demoralized the
people, disrupted the order of the country, or disregarded other people’s rights,

and 2) Human rights and freedoms cannot be restricted by laws and regulations.
Those ambiguous wordings could lead to an inconsistent interpretation of law

and jurisdiction.

3. The current constitution protects human rights through negative list approach,

which, assume to protect every right if they are not stated otherwise. Because of

this, both Thai people and government agency might not recognize the rights
that is protected under the constitution. Therefore, some rights may be violated

by not recognize it, and some rights may not have government agent to

administrate and are at risk of being neglect.

4. The Article 26 also states that all new laws and regulations must provide

adequate reason for restriction of human rights. But this part is not adopted in
actual practice.

To fill the gaps in the constitution, this research recommends the following 4
measures:

II