| THAILAND Kingdom of Thailand Ratcha Anachak Thai Joined United Nations: 16 December 1946 Human Rights as assured by their constitution Updated 10 December 2012 |
Chapter 3 Rights and freedoms of the Thai people
Part 1 General provisions
Section 26. In exercising State powers, all State agencies shall have regard for human dignity, rights, and freedoms as provided in this
Constitution.
Section 27. The rights and freedoms, manifestly recognized by this Constitution by implication or decisions of the Constitutional Court,
shall be protected by and be binding upon the National Assembly, the Council of Ministers, the Courts, and other State agencies directly
when legislating, enforcing, and interpreting all the laws.
Section 28. A person shall be able to invoke or exercise his or her human dignity, rights, or freedoms in so far as doing so does not
infringe on those of others or violate this Constitution or good morals of the people.
A person whose constitutional rights or freedoms have been violated can invoke the provisions of this Constitution to exercise their
judicial rights or to defend themselves in court.
A person shall be able to directly exercise his or her judicial rights to cause the State to comply with the provisions of this Chapter.
However, where there already exists a law with details of the exercise of such rights and freedoms enshrined in this Constitution, the
exercise of the rights and freedoms shall be in accordance with the provisions of the said law.
A person shall have the right to receive support, encouragement, and assistance from the State in the exercise of the rights in this Chapter.
Section 29. It is prohibited to restrict a person’s rights and freedoms enshrined in this Constitution except by virtue of law, which must
not materially affect the important substance of such rights and freedoms.
Such legislation under paragraph one shall be done only if necessary and must have general applicability, not directed at any particular
case or person. Where the Constitution requires a legislation to restrict rights and freedoms for any particular
purpose, the legislation to restrict rights and freedoms shall be for that purpose only.
The provisions in paragraph one and paragraph two shall apply to issuance of rules or ordinances by virtue of law, mutatis mutandis.
Part 2 Equality before the law
Section 30. All persons shall be equal before the law and shall enjoy equal protection under it.
Females and males shall enjoy equal rights.
It is prohibited to unjustly discriminate a person on grounds of place of birth, race, language, sex, age, physical conditions or health,
economic or social status, religious belief, education and training, or political views which do not contravene the provisions of this
Constitution.
Measures imposed by the State to remove obstacles or to help particular groups of people to enjoy the same rights and freedoms as others
shall not be considered unjust discrimination under paragraph three.
Section 31. Military personnel, police, government servants, other State officials, and employees of State agencies shall enjoy the same
constitutional rights and freedoms as the rest of the population, except for restrictions in ordinances, rules, or regulations issued by virtue
of law, particularly in parts relating to politics, efficiency, and discipline or code of conduct.
Part 3 Personal rights and freedoms
Section 32. A person shall enjoy the rights and freedoms of life and person.
Torture or cruel acts or unusual forms of punishment using cruel and inhumane means shall be prohibited. However, corporal punishment
as provided by law shall not be regarded as punishment using cruel and inhumane means under this particular paragraph.
Arrest, custody, body search, or acts that infringe on rights and freedoms under paragraph one is prohibited except otherwise directed by
court order or for other reasons as prescribed by law.
Where an action affects the rights and freedoms under paragraph one, the injured party, public prosecutor, or other persons shall have the
right to demand a halt or withdrawal of such action, and, within reasonable limits, choice of procedure or remedy for the damage that
may have occurred.
Section 33. A person shall enjoy the freedom of abode.
A person shall enjoy protection as regards dwelling or peaceful occupation of a dwelling.
Entry into a dwelling without the occupier’s consent is prohibited, except by court order or for other legal reasons.
Section 34. A person shall enjoy freedom of movement and freedom of residence within the Kingdom.
Restriction of such right under paragraph one is prohibited except by virtue of law, specifically for national security, public peace and
order or public well-being, town and country planning, or for the safety of the young.
No Thai national can be deported or denied entry into the Kingdom.
Section 35. The rights of a member of a family, honour, and reputation, personal information, and private life shall be protected.
It is prohibited to spread or publicize news or images by any means to the general public, which violates or infringes a person’s rights or
those of his or her family, including disclosure of personal information without the owner’s consent, except in public interest.
Section 36. A person shall enjoy freedom to communicate with one another by lawful means.
It is prohibited to check, detain, or disclose communication between or among persons, including such other acts as to gain advance
knowledge of the contents of the communication, except by virtue of law, specifically to protect national security or to maintain peace
and order, or good morals of the people.
Section 37. A person shall enjoy complete freedom to embrace a religion, religious sect or creed.
He or she is free to practise religious teachings or perform ceremony according to his or her belief, provided doing so does not breach
civic duties, or disturb public peace or good morals.
The exercise of such freedom under paragraph one shall be protected. The State shall not act in such a way as to curb the rights or
thwart any gains that may have otherwise occurred from professing the religion, sect or creed, religious principles, practices according to
religious teachings, or from performance of ceremony based on a belief that differs from others’.
Section 38. Forced labour is prohibited, except by virtue of law specifically to avert imminent public calamity as a matter of emergency,
or by virtue of law, which may permit such act in times of war or armed conflict, or during a state of emergency, or when martial law
has been declared.
Part 4 Rights to the process of justice
Section 39. A person shall not be punished except for having committed an act or acts which the law at the time of commission forbade
and for which the law prescribed punishment. The punishment shall not exceed what was allowed by the law in force at the time of
commission of such act.
In a criminal case, it shall be presumed that the accused is not guilty.
Before a final verdict of guilt is handed down, it is prohibited to treat the accused as if he or she is guilty.
Section 40. A person shall have the rights to the process of justice as follows:
(1) Right of access to the process of justice that is easy, expedient, quick, available to all, and at reasonable costs;
(2) Basic right to a criminal procedure, which at least guarantees the basic right to an open trial, right to be informed of the facts, and to
verify the documents adequately, right to present facts, refute, and produce witness and evidence, right to protest or refuse a judge or
judges or examiners, right to be considered by judges or examiners in full quorum, and right to be explained about judgment or order;
(3) Right to a fair trial within a reasonable time and at reasonable costs;
(4) The injured party, the accused, plaintiff, defendant, partner, interested party, or witness in a case shall enjoy the right to suitable
treatment during the process of justice, including the right for quick investigation and the right against self-incrimination;
(5) The injured party, the accused, and the witness shall enjoy the right to receive protection, assistance, remuneration, compensation,
and other necessary and rightful expenses from the State;
(6) Children, minors, females, the handicapped and permanently infirm shall be suitably protected during criminal procedure.
Part 5 Rights of property
Section 41. A person’s property rights shall be protected.
The scope and limitation of the property rights shall be in accordance with the provisions of law.
Inheritance right shall be protected. A person’s rights to inherit shall be in accordance with the provisions of law.
Section 42. Expropriation of immovable property is prohibited except by virtue of law, expressly for purpose of providing public utilities,
defense of the Kingdom, exploitation of natural resources, town and country planning, environmental protection, development of
agriculture or industry, land reform, or other public benefits. Fair compensation shall be made within a reasonable time to the
owner and the possessor of property rights who have suffered damages from that expropriation in accordance with the provisions of the
law.
The amount of compensation under paragraph one must be fixed fairly, taking account of the going purchase price, means of acquisition,
location, and the extent of damage to the owner that may be incurred.
Law on expropriation of immovable property or Eminent domain shall clearly indicate the purpose of the expropriation and state the period
of time that purpose is expected to be fulfilled. If the stated purpose is not fulfilled within the specified time, the property shall revert to
the original owner or his or her heir.
Reversion to the owner or his or her heir under paragraph three and claim for compensation shall be in accordance with the provisions of
the law.
Part 6 Rights and freedom of occupation
Section 43. A person shall be free to engage in activities or occupation(s) and to compete freely and fairly.
Restriction of such right under paragraph one is prohibited except by virtue of law, with a specific purpose of maintaining economic and
social stability, protecting public utilities, keeping public peace and order or good morals, regulating engagement in occupations, protecting
consumers’ interests, town and country planning, conserving the environment and natural resources, providing public welfare,
or preventing monopoly or removing unfair competition.
Section 44. A person shall have the right to the guarantee of personal safety and security at work, including security during and post
employment.
Part 7 Freedom of expression of individuals and mass media
Section 45. A person shall be free to express his or her views in speech, writing, print, advertising, and other modes of communication.
Restriction of such freedom under paragraph one is prohibited except by virtue of law, specifically to maintain the stability of the State, to
protect the rights and freedoms, honour, reputation, and rights of the family or privacy of other individuals, to keep public peace and
order and good morals, or to prevent or stop deterioration of mental and physical health.
It is prohibited to order closure of the activities of a newspaper or other mass media to curtail the freedoms of the press under this
Section.
It is prohibited to ban a newspaper or other mass media from presenting news and information or expressing views in whole or in part, or
to interfere by any means with the freedom of expression to restrict the freedoms of the press under this Section except by virtue of law,
expressly enacted under paragraph two.
Censorship of news or articles by officials before their publication in a newspaper, printed matter, or on the radio and TV shall not be
made, except when the country is at war or in a state of armed conflict. Such act by the State can only be done by virtue of the law,
expressly enacted under the provisions of paragraph two.
The owner of any newspaper or other mass media shall be a Thai national.
It is prohibited for the State to subsidize the activities of any privately-owned newspaper or other mass media.
Section 46. Staff or employees of any privately-owned newspaper, radio, TV, or other mass media shall be free to present news and
express views within statutory bounds but not dictated by State agencies, State enterprises, or owner of the enterprise providing they do
not breach the professional code of conduct.
Civil servants, staff or employees of State agencies or State enterprises engaging in radio broadcast, telecast, or other mass media shall
enjoy the same rights as their counterparts in the private sector under paragraph one.
Any act, direct or indirect, by holders of political office, State officials, or owners of the enterprise to obstruct or intervene in presentation
of news or expression of views on public issues by a person under paragraph one and paragraph two, shall be regarded as intentional
abuse of powers and duties and shall have no legal effect except to ensure compliance with the professional ethics.
Section 47. Frequencies for radio and television transmission, and other telecommunication are national assets intended for public benefits.
There shall be one independent State agency whose responsibility is to allocate the frequencies under paragraph one and to direct and
regulate the activities relating to radio and television transmission and telecommunication.
In operating under paragraph two, the highest benefits of the public at both national and local levels must be considered, including in
terms of education, culture, national security, other public interests, promotion of free and fair competition, and public participation in the
operations.
In directing and operating the business under paragraph two, there shall be measures to prevent merger or market dominance among
themselves, which might result in obstruction of freedom of information or freedom to receive information from diverse sources.
A holder of political office shall be barred from owning or having a stake in enterprises relating to newspapers, radio, television, and
telecommunication in his or her own name, or letting others hold the stake, by other means, direct or otherwise, which would give him or
her control of the operations not different from direct ownership.
Part 8 Rights and freedoms of education
Section 48. A person shall have equal rights to basic education of not less than 12 years, which the State shall provide widely and with
quality without charges.
The deprived, the handicapped or the permanently infirm, or those in difficult situations shall receive State support so that they may get
education on equal footing as others.
Management of private vocational education, training, alternative education, self-education, and learning as a life-long process shall receive
State protection and support.
Section 49. A person shall enjoy academic freedom.
Education, training, learning, teaching, researching, and dissemination of results of research in technical or academic fields shall receive
protection, provided it does not violate civic duties and good morals.
Part 9 Rights to receive public health services and welfare from the State
Section 50. A person shall enjoy equal rights to receive quality public health services and the deprived shall enjoy the rights to receive
medical treatment from State public health facilities free of charge.
A person shall have the right to receive public health services provided by the State universally and efficiently.
A person shall have the right to be protected against dangerous infectious diseases and to have the same eliminated free of charge and in a
timely fashion.
Section 51. Children, minors, and members of a family shall have the rights to be protected by the State against physical violence and
mistreatment, including the right of survival and the right to receive physical, mental, intellectual development according to their potential
in a suitable environment.
It is prohibited to intervene or restrict the rights of children, minors, and family members except by virtue of law, specifically to conserve
the institution of family or for the greatest benefits of those individuals.
Children and the young with no guardian shall receive care, education, and training from the State.
Section 52. A person aged over 60 with insufficient income to live on shall have the right to receive aids from the State.
Section 53. A person who is handicapped or permanently infirm shall have the right to receive welfare, public amenities, and other help
from the State.
Section 54. A person, homeless and with insufficient income, shall have the right to receive aids from State.
Part 10 Rights of information and complaint
Section 55. A person shall have the right of access to facts or public information in the possession of government agencies, State
agencies, State enterprises, or local governments, unless disclosure of such facts and information may jeopardize the security of the State,
public safety, or the interests of a person or persons who should be protected.
Section 56. A person shall have the right to receive facts, explanation, and reason from government agencies, State agencies, State
enterprises, or local government before the approval or implementation of a project or activities which might have a serious impact on the
environment, health, sanitary conditions, quality of life, or other important interests of his or her own or of the community. A person
shall also have the right to voice his or her own opinion to the responsible agency to be used as input in appraising the said project or
activities.
In making a plan for social, economic, political, and cultural development, or in expropriation of private property by eminent domain, or in
town planning, zoning, or in issuing regulations with an important impact on the benefits of the people, the State must organize
comprehensive public hearings before implementation.
Section 57. A person shall have the right to participate in the procedure of State officials administering the State affairs, which may affect
their personal rights and freedoms.
Section 58. A person shall have the right to lodge a complaint and get response within a reasonable time.
Section 59. A person shall have the right to sue a government agency, State agency, State enterprise, local government, or any other State
organ which is a juristic person, for [vicarious] liability for act or omission of act by a civil servant, or staff member or person(s) in their
employ.
Section 60. The right of a person to receive truthful information as a consumer shall be protected.
He or she shall enjoy the right to lodge a complaint and demand a remedy for damages, and the right to assemble to protect consumers’
rights.
An independent body shall be instituted to protect consumers, consisting of consumer representatives whose duty is to offer opinions for
use in consideration by the State agencies enacting and enforcing laws and rules, to offer opinions in laying down provisions, and
scrutinize and report acts or omission of acts to protect consumers.
Section 61. A person shall have the right to monitor and demand scrutiny of holders of political office or State officials in their discharge
of duties.
A person shall be protected, who provides information to the agency scrutinizing the exercise of State powers by holders of political
office, State agencies, or State officials.
Part 11 Freedom of assembly and association
Section 62. A person shall enjoy the freedom of peaceful and unarmed assembly and association.
Restriction of such freedom under paragraph one is prohibited except by virtue of law, specifically enacted in the context of public
assembly and to secure convenience for the people using the public place, or to maintain public peace and order during war or a state of
emergency or when martial law has been declared.
Section 63. A person shall enjoy the freedom of association in the form of leagues, unions, cooperatives, farmers’ associations, private
organizations, and other groups.
Civil servants and State officials shall enjoy the freedom of assembly like the general public, provided that doing so does not affect the
efficient administration of State affairs and the continuity of delivery of public services.
Restriction of freedom under paragraph one and paragraph two is prohibited except by virtue of law specifically to protect public
interests, to maintain public peace and order or good morals, or to prevent economic monopoly.
Section 64. A person is free to assemble and to form a political party to create a political will and to carry out political activities to satisfy
that will in accordance with the democratic rule with the King as the Head of the State as provided by this Constitution.
The internal organization and management of the activities and the regulations of a political shall be consistent with the basic principles of
the democratic rule with the King as the Head of the State.
If a member of House of Representatives, who as a member of a political party or member of its board of executives, or as a member
based on proportional representation provided in the organic Act on Political Parties, sees any resolution or regulation of his or her political
party which affects his or her status and performance of statutory duties as a member of House of Representatives, or which is in conflict
with the basic principles of the democratic rule with the King as the Head of the State, he or she may bring the matter before the
Constitutional Court for consideration.
Where the Constitutional Court rules that the resolution or regulation in question is in conflict with the basic principles of the democratic
rule with the King as the Head of the State, the said resolution(s) or regulation(s) shall be revoked.
Part 12 Community rights
Section 65. Persons, who together form a community, local community, original local community shall enjoy the rights to conserve or
restore customs and tradition, local knowledge, arts and good culture of the locality and of the nation, and to participate in managing,
maintaining, deriving benefits from the natural resources and the environment in a balanced and sustainable manner.
Section 66. The right of a person shall be protected, who collaborates with the State and the community to conserve and utilizing natural
resources and biodiversity, and to protect, promote, and maintain the quality of the environment and sanitary condition so that normal life
can carry on in an environment, not hazardous to health, well-being, security, or quality of life.
It is prohibited to undertake a project or activity that causes serious environmental damage. Prior to undertaking such project or activity, a
study must be done to assess the environmental impact, and a public hearing organized to obtain the opinions of the people and interested
parties, including studies and opinions from an independent organization consisting of representatives of private environmental
organizations and of institutions of higher learning.
The rights of a community shall protected in suing government agencies, State agencies, State enterprises, local authorities or any other
State agencies which are juristic persons, to force performance of duties in compliance with the provisions of the Act on community
rights.
Part 13 Rights to protect the Constitution
Section 67. A person is prohibited from using the rights and freedoms provided in the Constitution to overthrow the democratic rule with
the King as the Head of the State as provided by this Constitution; or to acquire power to rule the country by means other than is provided
in the Constitution.
Where a person or political party acts under paragraph one, the witness thereof has the right to report the matter to the Prosecutor
General to investigate facts and to submit a request to the Constitutional Court for decision to order cessation of such act without
prejudice to criminal proceedings against the doer of the act.
If the Constitutional Court decides to order cessation of the said act under paragraph two, the Constitutional Court may order dissolution
of that political party.
Section 68. A person shall have the right to peacefully resist any act committed to obtain powers to rule the country by means not in
accordance with the modus operandi as provided in the Constitution.
If the country is in a state of crisis or emergency, or in a dire need for a political solution, a meeting shall be called to consider how to
prevent or solve the said problem. The participants shall include Prime Minister, President of the House, President of the Senate,
Opposition leader of the House of Representatives, President of the Constitutional Court, President of the Supreme Court, President of the
Supreme Administrative Court, and Presidents of the statutory Independent Agencies.
Part 1 General provisions
Section 26. In exercising State powers, all State agencies shall have regard for human dignity, rights, and freedoms as provided in this
Constitution.
Section 27. The rights and freedoms, manifestly recognized by this Constitution by implication or decisions of the Constitutional Court,
shall be protected by and be binding upon the National Assembly, the Council of Ministers, the Courts, and other State agencies directly
when legislating, enforcing, and interpreting all the laws.
Section 28. A person shall be able to invoke or exercise his or her human dignity, rights, or freedoms in so far as doing so does not
infringe on those of others or violate this Constitution or good morals of the people.
A person whose constitutional rights or freedoms have been violated can invoke the provisions of this Constitution to exercise their
judicial rights or to defend themselves in court.
A person shall be able to directly exercise his or her judicial rights to cause the State to comply with the provisions of this Chapter.
However, where there already exists a law with details of the exercise of such rights and freedoms enshrined in this Constitution, the
exercise of the rights and freedoms shall be in accordance with the provisions of the said law.
A person shall have the right to receive support, encouragement, and assistance from the State in the exercise of the rights in this Chapter.
Section 29. It is prohibited to restrict a person’s rights and freedoms enshrined in this Constitution except by virtue of law, which must
not materially affect the important substance of such rights and freedoms.
Such legislation under paragraph one shall be done only if necessary and must have general applicability, not directed at any particular
case or person. Where the Constitution requires a legislation to restrict rights and freedoms for any particular
purpose, the legislation to restrict rights and freedoms shall be for that purpose only.
The provisions in paragraph one and paragraph two shall apply to issuance of rules or ordinances by virtue of law, mutatis mutandis.
Part 2 Equality before the law
Section 30. All persons shall be equal before the law and shall enjoy equal protection under it.
Females and males shall enjoy equal rights.
It is prohibited to unjustly discriminate a person on grounds of place of birth, race, language, sex, age, physical conditions or health,
economic or social status, religious belief, education and training, or political views which do not contravene the provisions of this
Constitution.
Measures imposed by the State to remove obstacles or to help particular groups of people to enjoy the same rights and freedoms as others
shall not be considered unjust discrimination under paragraph three.
Section 31. Military personnel, police, government servants, other State officials, and employees of State agencies shall enjoy the same
constitutional rights and freedoms as the rest of the population, except for restrictions in ordinances, rules, or regulations issued by virtue
of law, particularly in parts relating to politics, efficiency, and discipline or code of conduct.
Part 3 Personal rights and freedoms
Section 32. A person shall enjoy the rights and freedoms of life and person.
Torture or cruel acts or unusual forms of punishment using cruel and inhumane means shall be prohibited. However, corporal punishment
as provided by law shall not be regarded as punishment using cruel and inhumane means under this particular paragraph.
Arrest, custody, body search, or acts that infringe on rights and freedoms under paragraph one is prohibited except otherwise directed by
court order or for other reasons as prescribed by law.
Where an action affects the rights and freedoms under paragraph one, the injured party, public prosecutor, or other persons shall have the
right to demand a halt or withdrawal of such action, and, within reasonable limits, choice of procedure or remedy for the damage that
may have occurred.
Section 33. A person shall enjoy the freedom of abode.
A person shall enjoy protection as regards dwelling or peaceful occupation of a dwelling.
Entry into a dwelling without the occupier’s consent is prohibited, except by court order or for other legal reasons.
Section 34. A person shall enjoy freedom of movement and freedom of residence within the Kingdom.
Restriction of such right under paragraph one is prohibited except by virtue of law, specifically for national security, public peace and
order or public well-being, town and country planning, or for the safety of the young.
No Thai national can be deported or denied entry into the Kingdom.
Section 35. The rights of a member of a family, honour, and reputation, personal information, and private life shall be protected.
It is prohibited to spread or publicize news or images by any means to the general public, which violates or infringes a person’s rights or
those of his or her family, including disclosure of personal information without the owner’s consent, except in public interest.
Section 36. A person shall enjoy freedom to communicate with one another by lawful means.
It is prohibited to check, detain, or disclose communication between or among persons, including such other acts as to gain advance
knowledge of the contents of the communication, except by virtue of law, specifically to protect national security or to maintain peace
and order, or good morals of the people.
Section 37. A person shall enjoy complete freedom to embrace a religion, religious sect or creed.
He or she is free to practise religious teachings or perform ceremony according to his or her belief, provided doing so does not breach
civic duties, or disturb public peace or good morals.
The exercise of such freedom under paragraph one shall be protected. The State shall not act in such a way as to curb the rights or
thwart any gains that may have otherwise occurred from professing the religion, sect or creed, religious principles, practices according to
religious teachings, or from performance of ceremony based on a belief that differs from others’.
Section 38. Forced labour is prohibited, except by virtue of law specifically to avert imminent public calamity as a matter of emergency,
or by virtue of law, which may permit such act in times of war or armed conflict, or during a state of emergency, or when martial law
has been declared.
Part 4 Rights to the process of justice
Section 39. A person shall not be punished except for having committed an act or acts which the law at the time of commission forbade
and for which the law prescribed punishment. The punishment shall not exceed what was allowed by the law in force at the time of
commission of such act.
In a criminal case, it shall be presumed that the accused is not guilty.
Before a final verdict of guilt is handed down, it is prohibited to treat the accused as if he or she is guilty.
Section 40. A person shall have the rights to the process of justice as follows:
(1) Right of access to the process of justice that is easy, expedient, quick, available to all, and at reasonable costs;
(2) Basic right to a criminal procedure, which at least guarantees the basic right to an open trial, right to be informed of the facts, and to
verify the documents adequately, right to present facts, refute, and produce witness and evidence, right to protest or refuse a judge or
judges or examiners, right to be considered by judges or examiners in full quorum, and right to be explained about judgment or order;
(3) Right to a fair trial within a reasonable time and at reasonable costs;
(4) The injured party, the accused, plaintiff, defendant, partner, interested party, or witness in a case shall enjoy the right to suitable
treatment during the process of justice, including the right for quick investigation and the right against self-incrimination;
(5) The injured party, the accused, and the witness shall enjoy the right to receive protection, assistance, remuneration, compensation,
and other necessary and rightful expenses from the State;
(6) Children, minors, females, the handicapped and permanently infirm shall be suitably protected during criminal procedure.
Part 5 Rights of property
Section 41. A person’s property rights shall be protected.
The scope and limitation of the property rights shall be in accordance with the provisions of law.
Inheritance right shall be protected. A person’s rights to inherit shall be in accordance with the provisions of law.
Section 42. Expropriation of immovable property is prohibited except by virtue of law, expressly for purpose of providing public utilities,
defense of the Kingdom, exploitation of natural resources, town and country planning, environmental protection, development of
agriculture or industry, land reform, or other public benefits. Fair compensation shall be made within a reasonable time to the
owner and the possessor of property rights who have suffered damages from that expropriation in accordance with the provisions of the
law.
The amount of compensation under paragraph one must be fixed fairly, taking account of the going purchase price, means of acquisition,
location, and the extent of damage to the owner that may be incurred.
Law on expropriation of immovable property or Eminent domain shall clearly indicate the purpose of the expropriation and state the period
of time that purpose is expected to be fulfilled. If the stated purpose is not fulfilled within the specified time, the property shall revert to
the original owner or his or her heir.
Reversion to the owner or his or her heir under paragraph three and claim for compensation shall be in accordance with the provisions of
the law.
Part 6 Rights and freedom of occupation
Section 43. A person shall be free to engage in activities or occupation(s) and to compete freely and fairly.
Restriction of such right under paragraph one is prohibited except by virtue of law, with a specific purpose of maintaining economic and
social stability, protecting public utilities, keeping public peace and order or good morals, regulating engagement in occupations, protecting
consumers’ interests, town and country planning, conserving the environment and natural resources, providing public welfare,
or preventing monopoly or removing unfair competition.
Section 44. A person shall have the right to the guarantee of personal safety and security at work, including security during and post
employment.
Part 7 Freedom of expression of individuals and mass media
Section 45. A person shall be free to express his or her views in speech, writing, print, advertising, and other modes of communication.
Restriction of such freedom under paragraph one is prohibited except by virtue of law, specifically to maintain the stability of the State, to
protect the rights and freedoms, honour, reputation, and rights of the family or privacy of other individuals, to keep public peace and
order and good morals, or to prevent or stop deterioration of mental and physical health.
It is prohibited to order closure of the activities of a newspaper or other mass media to curtail the freedoms of the press under this
Section.
It is prohibited to ban a newspaper or other mass media from presenting news and information or expressing views in whole or in part, or
to interfere by any means with the freedom of expression to restrict the freedoms of the press under this Section except by virtue of law,
expressly enacted under paragraph two.
Censorship of news or articles by officials before their publication in a newspaper, printed matter, or on the radio and TV shall not be
made, except when the country is at war or in a state of armed conflict. Such act by the State can only be done by virtue of the law,
expressly enacted under the provisions of paragraph two.
The owner of any newspaper or other mass media shall be a Thai national.
It is prohibited for the State to subsidize the activities of any privately-owned newspaper or other mass media.
Section 46. Staff or employees of any privately-owned newspaper, radio, TV, or other mass media shall be free to present news and
express views within statutory bounds but not dictated by State agencies, State enterprises, or owner of the enterprise providing they do
not breach the professional code of conduct.
Civil servants, staff or employees of State agencies or State enterprises engaging in radio broadcast, telecast, or other mass media shall
enjoy the same rights as their counterparts in the private sector under paragraph one.
Any act, direct or indirect, by holders of political office, State officials, or owners of the enterprise to obstruct or intervene in presentation
of news or expression of views on public issues by a person under paragraph one and paragraph two, shall be regarded as intentional
abuse of powers and duties and shall have no legal effect except to ensure compliance with the professional ethics.
Section 47. Frequencies for radio and television transmission, and other telecommunication are national assets intended for public benefits.
There shall be one independent State agency whose responsibility is to allocate the frequencies under paragraph one and to direct and
regulate the activities relating to radio and television transmission and telecommunication.
In operating under paragraph two, the highest benefits of the public at both national and local levels must be considered, including in
terms of education, culture, national security, other public interests, promotion of free and fair competition, and public participation in the
operations.
In directing and operating the business under paragraph two, there shall be measures to prevent merger or market dominance among
themselves, which might result in obstruction of freedom of information or freedom to receive information from diverse sources.
A holder of political office shall be barred from owning or having a stake in enterprises relating to newspapers, radio, television, and
telecommunication in his or her own name, or letting others hold the stake, by other means, direct or otherwise, which would give him or
her control of the operations not different from direct ownership.
Part 8 Rights and freedoms of education
Section 48. A person shall have equal rights to basic education of not less than 12 years, which the State shall provide widely and with
quality without charges.
The deprived, the handicapped or the permanently infirm, or those in difficult situations shall receive State support so that they may get
education on equal footing as others.
Management of private vocational education, training, alternative education, self-education, and learning as a life-long process shall receive
State protection and support.
Section 49. A person shall enjoy academic freedom.
Education, training, learning, teaching, researching, and dissemination of results of research in technical or academic fields shall receive
protection, provided it does not violate civic duties and good morals.
Part 9 Rights to receive public health services and welfare from the State
Section 50. A person shall enjoy equal rights to receive quality public health services and the deprived shall enjoy the rights to receive
medical treatment from State public health facilities free of charge.
A person shall have the right to receive public health services provided by the State universally and efficiently.
A person shall have the right to be protected against dangerous infectious diseases and to have the same eliminated free of charge and in a
timely fashion.
Section 51. Children, minors, and members of a family shall have the rights to be protected by the State against physical violence and
mistreatment, including the right of survival and the right to receive physical, mental, intellectual development according to their potential
in a suitable environment.
It is prohibited to intervene or restrict the rights of children, minors, and family members except by virtue of law, specifically to conserve
the institution of family or for the greatest benefits of those individuals.
Children and the young with no guardian shall receive care, education, and training from the State.
Section 52. A person aged over 60 with insufficient income to live on shall have the right to receive aids from the State.
Section 53. A person who is handicapped or permanently infirm shall have the right to receive welfare, public amenities, and other help
from the State.
Section 54. A person, homeless and with insufficient income, shall have the right to receive aids from State.
Part 10 Rights of information and complaint
Section 55. A person shall have the right of access to facts or public information in the possession of government agencies, State
agencies, State enterprises, or local governments, unless disclosure of such facts and information may jeopardize the security of the State,
public safety, or the interests of a person or persons who should be protected.
Section 56. A person shall have the right to receive facts, explanation, and reason from government agencies, State agencies, State
enterprises, or local government before the approval or implementation of a project or activities which might have a serious impact on the
environment, health, sanitary conditions, quality of life, or other important interests of his or her own or of the community. A person
shall also have the right to voice his or her own opinion to the responsible agency to be used as input in appraising the said project or
activities.
In making a plan for social, economic, political, and cultural development, or in expropriation of private property by eminent domain, or in
town planning, zoning, or in issuing regulations with an important impact on the benefits of the people, the State must organize
comprehensive public hearings before implementation.
Section 57. A person shall have the right to participate in the procedure of State officials administering the State affairs, which may affect
their personal rights and freedoms.
Section 58. A person shall have the right to lodge a complaint and get response within a reasonable time.
Section 59. A person shall have the right to sue a government agency, State agency, State enterprise, local government, or any other State
organ which is a juristic person, for [vicarious] liability for act or omission of act by a civil servant, or staff member or person(s) in their
employ.
Section 60. The right of a person to receive truthful information as a consumer shall be protected.
He or she shall enjoy the right to lodge a complaint and demand a remedy for damages, and the right to assemble to protect consumers’
rights.
An independent body shall be instituted to protect consumers, consisting of consumer representatives whose duty is to offer opinions for
use in consideration by the State agencies enacting and enforcing laws and rules, to offer opinions in laying down provisions, and
scrutinize and report acts or omission of acts to protect consumers.
Section 61. A person shall have the right to monitor and demand scrutiny of holders of political office or State officials in their discharge
of duties.
A person shall be protected, who provides information to the agency scrutinizing the exercise of State powers by holders of political
office, State agencies, or State officials.
Part 11 Freedom of assembly and association
Section 62. A person shall enjoy the freedom of peaceful and unarmed assembly and association.
Restriction of such freedom under paragraph one is prohibited except by virtue of law, specifically enacted in the context of public
assembly and to secure convenience for the people using the public place, or to maintain public peace and order during war or a state of
emergency or when martial law has been declared.
Section 63. A person shall enjoy the freedom of association in the form of leagues, unions, cooperatives, farmers’ associations, private
organizations, and other groups.
Civil servants and State officials shall enjoy the freedom of assembly like the general public, provided that doing so does not affect the
efficient administration of State affairs and the continuity of delivery of public services.
Restriction of freedom under paragraph one and paragraph two is prohibited except by virtue of law specifically to protect public
interests, to maintain public peace and order or good morals, or to prevent economic monopoly.
Section 64. A person is free to assemble and to form a political party to create a political will and to carry out political activities to satisfy
that will in accordance with the democratic rule with the King as the Head of the State as provided by this Constitution.
The internal organization and management of the activities and the regulations of a political shall be consistent with the basic principles of
the democratic rule with the King as the Head of the State.
If a member of House of Representatives, who as a member of a political party or member of its board of executives, or as a member
based on proportional representation provided in the organic Act on Political Parties, sees any resolution or regulation of his or her political
party which affects his or her status and performance of statutory duties as a member of House of Representatives, or which is in conflict
with the basic principles of the democratic rule with the King as the Head of the State, he or she may bring the matter before the
Constitutional Court for consideration.
Where the Constitutional Court rules that the resolution or regulation in question is in conflict with the basic principles of the democratic
rule with the King as the Head of the State, the said resolution(s) or regulation(s) shall be revoked.
Part 12 Community rights
Section 65. Persons, who together form a community, local community, original local community shall enjoy the rights to conserve or
restore customs and tradition, local knowledge, arts and good culture of the locality and of the nation, and to participate in managing,
maintaining, deriving benefits from the natural resources and the environment in a balanced and sustainable manner.
Section 66. The right of a person shall be protected, who collaborates with the State and the community to conserve and utilizing natural
resources and biodiversity, and to protect, promote, and maintain the quality of the environment and sanitary condition so that normal life
can carry on in an environment, not hazardous to health, well-being, security, or quality of life.
It is prohibited to undertake a project or activity that causes serious environmental damage. Prior to undertaking such project or activity, a
study must be done to assess the environmental impact, and a public hearing organized to obtain the opinions of the people and interested
parties, including studies and opinions from an independent organization consisting of representatives of private environmental
organizations and of institutions of higher learning.
The rights of a community shall protected in suing government agencies, State agencies, State enterprises, local authorities or any other
State agencies which are juristic persons, to force performance of duties in compliance with the provisions of the Act on community
rights.
Part 13 Rights to protect the Constitution
Section 67. A person is prohibited from using the rights and freedoms provided in the Constitution to overthrow the democratic rule with
the King as the Head of the State as provided by this Constitution; or to acquire power to rule the country by means other than is provided
in the Constitution.
Where a person or political party acts under paragraph one, the witness thereof has the right to report the matter to the Prosecutor
General to investigate facts and to submit a request to the Constitutional Court for decision to order cessation of such act without
prejudice to criminal proceedings against the doer of the act.
If the Constitutional Court decides to order cessation of the said act under paragraph two, the Constitutional Court may order dissolution
of that political party.
Section 68. A person shall have the right to peacefully resist any act committed to obtain powers to rule the country by means not in
accordance with the modus operandi as provided in the Constitution.
If the country is in a state of crisis or emergency, or in a dire need for a political solution, a meeting shall be called to consider how to
prevent or solve the said problem. The participants shall include Prime Minister, President of the House, President of the Senate,
Opposition leader of the House of Representatives, President of the Constitutional Court, President of the Supreme Court, President of the
Supreme Administrative Court, and Presidents of the statutory Independent Agencies.
Various animist tribes occupied the Indochina peninsula dating back 500,000 years.
Historians agree that the diverse Austro-Asiatic groups that inhabited the Indochina
peninsula are related to the people whom to date inhabit the islands of the Pacific. Thai
history is dated to the 10th Century CE when Thai tribes migrated to the region from the
Yunan region of China. Thais cite nationhood beginning in the 13th century when they
gained independence from the Khmer Empire. Contact with the West began in the 16th
century with the Portuguese. The present ruling Chakri dynasty achieved power of the Siam
kingdom in 1782 with the ascension of Rama I. Concerned with the colonial designs of the
west Rama signed treaties with Britain in 1826 and the United States in 1833. The Siamese
coup d'état of 1932 transformed the Government of Thailand from an absolute to a
constitutional monarchy. Japan occupied Siam on 8 December 1945 and were liberated by
Allied forces in 1945. A series of revolutions and coups de etat dominated Thai politics with
periodic sprinkling of democracy. The most recent coup occurred 19 September 2006 by
Army Commander-in-Chief Lieutenant General Sonthi Boonyaratglin while the prime minster
was in New York visiting the UN. The coup forced the creation of a new constitution which
was promulgated on 19 August 2007. Human rights are enumerated beginning with Chapter
Two (Rights and freedoms of the Thai people) and conform with the 1948 Universal
Declaration of Human Rights of which Thailand is a signatory. For a full English translation
of the Thailand's Constitution, click here.
Historians agree that the diverse Austro-Asiatic groups that inhabited the Indochina
peninsula are related to the people whom to date inhabit the islands of the Pacific. Thai
history is dated to the 10th Century CE when Thai tribes migrated to the region from the
Yunan region of China. Thais cite nationhood beginning in the 13th century when they
gained independence from the Khmer Empire. Contact with the West began in the 16th
century with the Portuguese. The present ruling Chakri dynasty achieved power of the Siam
kingdom in 1782 with the ascension of Rama I. Concerned with the colonial designs of the
west Rama signed treaties with Britain in 1826 and the United States in 1833. The Siamese
coup d'état of 1932 transformed the Government of Thailand from an absolute to a
constitutional monarchy. Japan occupied Siam on 8 December 1945 and were liberated by
Allied forces in 1945. A series of revolutions and coups de etat dominated Thai politics with
periodic sprinkling of democracy. The most recent coup occurred 19 September 2006 by
Army Commander-in-Chief Lieutenant General Sonthi Boonyaratglin while the prime minster
was in New York visiting the UN. The coup forced the creation of a new constitution which
was promulgated on 19 August 2007. Human rights are enumerated beginning with Chapter
Two (Rights and freedoms of the Thai people) and conform with the 1948 Universal
Declaration of Human Rights of which Thailand is a signatory. For a full English translation
of the Thailand's Constitution, click here.