Page 80 - Rights beautiful : collection of Professor Saneh Chamarik

Rights Beautiful Collection of Professor Saneh Chamarik

It is also the first time in Thai constitutional history that “The
human dignity, right and liberty of the people” is being exerted under the
first chapter on General Provisions. And this is followed by Section 5: “The
Thai people, irrespective of their origins, sexes or religions, shall enjoy equal
protection under this Constitution”. So from the NHRC’s perspective, it can
obviously be inferred of human rights as the guiding principle and criterion for
appraising and examining the legitimate exercise of power of all the three
sovereign branches of governance and other State agencies. The question
of principle is well clarified by the provisions under both Chapter 3 “Rights
and Liberties of the Thai People”, Section 27, and Chapter 5 “Directive
Principles of Fundamental State Policies”, Section 75. According to Section 27,

Rights and liberties recognized 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.

And Section 75 reads:

The State shall ensure the compliance with the law, protect the
rights and liberties of a person, provide efficient administration
of justice and serve justice to the people expediently and equally
and organize an efficient system of public administration and
other State affairs to meet people’s demand.

The State shall allocate adequate budgets for the independent
administration of the Election Commission, the Ombudsmen, the
National Human Rights Commission, the Constitutional Court, the
Courts of Justice, the Administrative Courts, the National Counter
Corruption Commission, and the State Audit Commission.

74 OFFICE OF THE NATIONAL HUMAN RIGHTS COMMISSION OF THAILAND