CHAPTER III. RIGHTS AND LIBERTIES OF THE THAI PEOPLE
Section 25
As regards the rights and liberties of the Thai people, in addition to the rights and liberties as guaranteed specifically by the provisions of the Constitution, a person shall enjoy the rights and liberties to perform any act which is not prohibited or restricted by the Constitution or other laws, and shall be protected by the Constitution, insofar as the exercise of such rights or liberties does not affect or endanger the security of the State or public order or good morals, and does not violate the rights or liberties of other persons.
Any right or liberty stipulated by the Constitution to be as provided by law, or to be in accordance with the rules and procedures prescribed by law, can be exercised by a person or community, despite the absence of such law, in accordance with the intent of the Constitution.
Any person whose rights or liberties protected under the Constitution are violated, can invoke the provisions of the Constitution to exercise his or her right to bring a lawsuit or to defend himself or herself in the Court.
Any person injured from the violation of his or her rights or liberties or from the commission of a criminal offence by another person, shall have the right to remedy or assistance from the State, as prescribed by law.
Section 26
The enactment of a law resulting in the restriction of rights or liberties of a person shall be in accordance with the conditions provided by the Constitution. In the case where the Constitution does not provide the conditions thereon, such law shall not be contrary to the rule of law, shall not unreasonably impose burden on or restrict the rights or liberties of a person and shall not affect the human dignity of a person, and the justification and necessity for the restriction of the rights or liberties shall also be specified.
The law under paragraph one shall be of general application, and shall not be intended to apply to any particular case or person.
Section 27
All persons are equal before the law, and shall have rights and liberties and be protected equally under the law.
Men and women shall enjoy equal rights.
Unjust discrimination against a person on the grounds of differences in origin, race, language, sex, age, disability, physical or health condition, personal status, economic and social standing, religious belief, education, or political view which is not contrary to the provisions of the Constitution, or on any other grounds shall not be permitted.
Measures determined by the State in order to eliminate an obstacle to or to promote persons’ ability to exercise their rights or liberties on the same basis as other person or to protect or facilitate children, women, the elderly, persons with disabilities or underprivileged persons shall not be deemed as unjust discrimination under paragraph three.
Members of the armed forces, police force, government officials, other officials of the State, officers or employees of State organisations shall enjoy the same rights and liberties as those enjoyed by other persons, except those restricted by law specifically in relation to politics, capacities, disciplines or ethics.
Section 28
A person shall enjoy the right and liberty in his or her life and person.
Arrest and detention of person shall not be permitted, except by an order or a warrant issued by the Court or on other grounds as provided by law.
Search of person or any act affecting the right or liberty in life or person shall not be permitted except on the grounds as provided by law.
Torture, brutal acts or punishment by cruel or inhumane means shall not be permitted.
Section 29
No person shall be subject to a criminal punishment unless he or she has committed an act which the law in force at the time of commission provides to be an offence and prescribe a punishment therefor, and the punishment to be imposed on such person shall not be of greater severity than that provided by law in force at the time of the commission of the offence.
A suspect or defendant in a criminal case shall be presumed innocent, and before the passing of a final judgment convicting a person of having committed an offence, such person shall not be treated as a convict.
Custody or detention of a suspect or a defendant shall only be undertaken as necessary to prevent such person from escaping.
In a criminal case, a person shall not be forced to make a statement incriminating himself or herself.
An application for a bail of a suspect or defendant in a criminal case shall be accepted for consideration, and excessive bail shall not be demanded. The refusal of a bail must be as provided by law.
Section 30
Forced labour shall not be imposed, except by virtue of a provision of law enacted for the purpose of averting public calamity, or when a state of emergency or martial law is declared, or during the time when the country is in a state of war or armed conflict.
Section 31
A person shall enjoy full liberty to profess a religion, and shall enjoy the liberty to exercise or practice a form of worship in accordance with his or her religious principles, provided that it shall not be adverse to the duties of all Thai people, neither shall it endanger the safety of the State, nor shall it be contrary to public order or good morals.
Section 32
A person shall enjoy the rights of privacy, dignity, reputation and family.
Any act violating or affecting the right of a person under paragraph one, or exploitation of personal information in any manner whatsoever shall not be permitted, except by virtue of a provision of law enacted only to the extent of necessity of public interest.
Section 33
A person shall enjoy the liberty of dwelling.
Entry into a dwelling without the consent of its possessor or a search of a dwelling or private place shall not be permitted, except by an order or a warrant issued by the Court or where there are other grounds as provided by law.
Section 34
A person shall enjoy the liberty to express opinions, make speeches, write, print, publicise and express by other means. The restriction of such liberty shall not be imposed, except by virtue of the provisions of law specifically enacted for the purpose of maintaining the security of the State, protecting the rights or liberties of other persons, maintaining public order or good morals, or protecting the health of the people.
Academic freedom shall be protected. However, the exercise of such freedom shall not be contrary to the duties of the Thai people or good morals, and shall respect and not obstruct the different views of another person.
Section 35
A media professional shall have liberty in presenting news or expressing opinions in accordance with professional ethics.
The closure of a newspaper or other mass media in deprivation of the liberty under paragraph one shall not be permitted.
Censorship by a competent official of any news or statements made by a media professional before the publication in a newspaper or any media shall not be permitted, except during the time when the country is in a state of war.
The owner of a newspaper or other mass media shall be a Thai national.
No grant of money or other properties shall be made by the State as subsidies to private newspapers or other private mass media. A State agency which pays money or gives properties to mass media, regardless of whether it is for the purpose of advertisement or public relations, or for any other similar purpose, shall disclose the details to the State Audit Commission within the prescribed period of time and shall also announce them to the public.
A State official who performs mass media duties shall enjoy the liberties under paragraph one, provided that the purposes and missions of the agency to which he or she is attached shall also be taken into consideration.
Section 36
A person shall enjoy the liberty of communication by any means.
Censorship, detention or disclosure of information communicated between persons, including any commission of an act carried out to know or obtain information communicated between persons, shall not be permitted, except by an order or a warrant issued by the Court or where there are other grounds as prescribed by law.
Section 37
A person shall enjoy the right to property and succession.
The extent and restriction of such right shall be as provided by law.
The expropriation of immovable property shall not be permitted except by virtue of the provisions of law enacted for the purpose of public utilities, national defence or acquisition of national resources, or for other public interests, and fair compensation shall be paid in due time to the owner thereof, as well as to all persons having rights thereto, who suffer loss from such expropriation by taking into consideration the public interest and impact on the person whose property has been expropriated, including any benefit which such person may obtain from such expropriation.
The expropriation of immovable property shall be made only insofar as it is necessary for the purposes provided in paragraph three, except for an expropriation to use the expropriated immovable property to compensate in order to restore fairness to the owner of property expropriated as provided by law.
An immovable property expropriation law shall specify the purpose of the expropriation and expressly prescribe a period of time for use of the immovable property. If the immovable property is not used to fulfill such purpose within such period of time or there is immovable property remaining from the use, and the original owner or his or her heir wishes to have such immovable property returned, it shall be returned to the original owner or heir.
The time period for requesting return of expropriated immovable property which has not been used, or of the remaining immovable property, to the original owner or his or her heir, as well as the return thereof and the reclaiming of the compensation paid, shall be as provided by law.
The enactment of an immovable property expropriation law which specifically set out immovable properties or owners of immovable property subject to the expropriation as necessary, shall not be deemed contrary to section 26 paragraph two.
Section 38
A person shall enjoy the liberty of travelling and the liberty of making the choice of his or her residence.
The restriction of such liberties under paragraph one shall not be imposed except by virtue of a provision of law enacted for the purpose of security of the State, public order, public welfare or town and country planning, or for maintaining family status, or for welfare of youth.
Section 39
No person of Thai nationality shall be deported or prohibited from entering the Kingdom.
The revocation of Thai nationality acquired by birth shall not be permitted.
Section 40
A person shall enjoy the liberty to engage in an occupation.
The restriction of such liberty under paragraph one shall not be imposed except by virtue of a provision of law enacted for the purpose of maintaining the security or economy of the country, protecting fair competition, preventing or eliminating barriers or monopoly, protecting consumers, regulating the engagement of occupation only to the extent of necessity, or for other public interests.
Enactment of the law to regulate the engagement of occupation under paragraph two shall not be in a manner of discrimination or interference with the provision of education from educational institutions.
Section 41
A person and community shall have the right to:
- be informed and have access to public data or information in possession of a State agency as provided by law;
- present a petition to a State agency and be informed of the result of its consideration in due time;
- take legal action against a State agency as a result of an act or omission of a government official, official or employee of the State agency.
Section 42
A person shall enjoy the liberty to unite and form an association, co-operative, union, organisation, community, or any other group.
The restriction of such liberty under paragraph one shall not be imposed except by virtue of a provision of law enacted for the purpose of protecting public interest, for maintaining public order or good morals, or for preventing or eliminating barriers or monopoly.
Section 43
A person and community shall have the right to:
- conserve, revive or promote wisdom, arts, culture, tradition and good customs at both local and national levels;
- manage, maintain and utilise natural resources, environment and biodiversity in a balanced and sustainable manner, in accordance with the procedures as provided by law;
- sign a joint petition to propose recommendations to a State agency to carry out any act which will benefit the people and community, or refrain from any act which will affect the peaceful living of the people or community, and be notified expeditiously of the result of the consideration thereof, provided that the State agency, in considering such recommendations, shall also permit the people relevant thereto to participate in the consideration process in accordance with the procedures as provided by law;
- establish community welfare system.
The rights of a person and community under paragraph one shall also include the right to collaborate with a local administrative organisation or the State to carry out such act.
Section 44
A person shall enjoy the liberty to assemble peacefully and without arms.
The restriction of such liberty under paragraph one shall not be imposed except by virtue of a provision of law enacted for the purpose of maintaining security of the State, public safety, public order or good morals, or for protecting the rights or liberties of other persons.
Section 45
A person shall enjoy the liberty to unite and form a political party under the democratic regime of government with the King as Head of State, as provided by law.
The law under paragraph one shall at least contain provisions relating to the administration of a political party which must be transparent and accountable, provide party members opportunities to widely participate in defining policies and nominating candidates for election, and prescribe measures to ensure that the administration be carried out independently and free from manipulation or inducement of any person who is not a member of such party, as well as oversight measures to prevent members of a political party from committing any act which violates or contravenes laws relating to election.
Section 46
The rights of a consumer shall be protected.
A person shall have the right to unite and form a consumer organisation to protect and safeguard the rights of consumers.
The consumer organisations under paragraph two have the right to unite and form an independent organisation to strengthen the protection and safeguarding of the rights of consumers with support from the State. In this regard, the rules and procedures for the formation thereof, the power to represent consumers and financial support from the State shall be as provided by law.
Section 47
A person shall have the right to receive public health services provided by the State.
An indigent person shall have the right to receive public health services provided by the State free of charge as provided by law.
A person shall have the right to the protection and eradication of harmful contagious diseases by the State free of charge as provided by law.
Section 48
The rights of a mother during the period prior to and after giving birth shall be protected and assisted as provided by law.
A person who is over sixty years of age and has insufficient income for subsistence and an indigent person shall have the right to receive appropriate aids from the State as provided by law.
Section 49
No person shall exercise the rights or liberties to overthrow the democratic regime of government with the King as Head of State.
Any person who has knowledge of an act under paragraph one shall have the right to petition to the Attorney-General to request the Constitutional Court for ordering the cessation of such act.
In the case where the Attorney-General orders a refusal to proceed as petitioned or fails to proceed within fifteen days as from the date of receiving the petition, the person making the petition may submit the petition directly to the Constitutional Court.
The action under this section shall not prejudice the criminal prosecution against the person committing an act under paragraph one.
