- May 4, 2021
- 2,923
2003 Constitutional of the Socialist Republic of Thailand
Published by the Secretariats of the House of Representatives and Senate
Published
Published
Chapter I: General Provision
Article 1: Thailand is one and indivisible Socialist Republic to be eventually withered away as part of the ultimate goal of the Thai State is the realization of communism: a society that is stateless, classless, and moneyless characterized by common ownership of the means of production with free access to the articles of consumption.
The Economy of Thailand shall operate under the socialist principle of collective ownership of the means of production where private ownership of the productive asset shall be strictly prohibited and deemed morally corrupted. However, Small and Medium Enterprises (SMEs) which operates as family businesses shall be excepted from the formation of worker cooperatives yet such a business shall remain under the principle of socialism where traditional hierarchies between employees and employers are eliminated.
Article 2: Thailand adopts a socialist participatory democratic regime with the Prime Minister as the Head of Government and the Head of State. All authorities shall be derived by the people as expressed freely through their intention for the continued existence of centralized socialist state.
The Prime Minister shall be inherently and institutionally constrained to exercise their power and shall serve as the nation-level facilitator and coordinator in practical aspects of daily governance. Nothing in this Constitution implies that the Prime Minister is the Head of the State and the Head of the Government traditionally associated with liberal democratic frameworks which unnecessarily and immorally concentrated political powers within a group of elite bourgeoisies.
Section 3: Sovereign power belongs to the Thai people. The Prime Minister as the Head of State shall exercise decentralized power through the National Assembly, the Council of Ministers, and the Court in accordance with the provisions of the Constitution.
Section 4: The state shall recognize and guarantee the inherent dignity and comprehensive rights of every individual. It shall actively promote substantive equality, social justice, and freedom of movement through progressive economic, social, and political measures, ensuring equitable distribution of resources and opportunities. The state shall strive to eliminate systemic inequalities and provide universal access to education, healthcare, housing, and social security.
Article 5: The Constitution is the supreme law of the State. The provisions of any law, rule, or regulation or any acts, which are contrary to or inconsistent with the Constitution, shall be unenforceable. Whenever no provision under this Constitution is applicable to any case, an act shall be performed or a decision shall be made in accordance with the constitutional conventions of Thailand under the socialist participatory democratic regime of government with Prime Minister as the Head of State.
Chapter II: Rights and Liberties of the Thai People
Article 6: As regards the rights and liberties of the Thai people and all individuals legally residing within the State, 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 and 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 person whose rights and liberties protected under the Constitution are violated, can involve the provisions of the Constitution to exercise their right to bring a lawsuit or to defend themselves in the Court.
Article 7: 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 and 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.
Article 8: All persons are equal before the law, and shall have rights and liberties and be protected equally under the law. Men, women, and person of other genders shall enjoy equal rights and liberties. 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, political view, or any other characteristic which is not contrary to the provisions of the Constitution or on any other grounds, shall not be permitted and strongly condemned.
Measures determined by the State in order to eliminate an obstacle to or to promote a person’s ability to exercise their rights or liberties on the same basis as other persons or to protect or facilitate children, women, LGBTQIA+ individuals, the elderly, persons with disabilities or underprivileged persons shall not be deemed as unjust discrimination under paragraph one. Members of the armed forces, police force, government officials, other officials of the State, and officers or employees of State organizations 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. However, this clause does not imply any endorsement of such law that goes against principle of human dignity, equity, and freedom.
Section 9: A person shall enjoy the right and liberty in their life and person. Arrest and detention of a 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 the person or any act affecting the right of liberty in life or person shall not be permitted except on the grounds as provided by law. Torture, brutal acts, or punishment of physical, mental, and emotional nature by cruel or inhumane means shall not be permitted.
Section 10: No person shall be subject to a criminal punishment unless they has committed an act which the law in force at the time of commission provides to be an offence and prescribes 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 resumed 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 through physical, emotional, and mental means.
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 themselves. An application for a bail of a suspect or defendant in a criminal case shall be accepted for consideration on the grounds of past social service or international socialist promotion, and excessive bail shall not be demanded. The refusal of a bail must be as provided by law.
Section 11: Forced labor shall not be imposed, no matter if there is any excuse 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. Such conducts shall not take place within the State and all persons deemed a laborer must be treated with utmost respect unless proven to be holding material wealth and procession similar to the characteristic of the bourgeoisie.
Section 12: 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 their religious principles, provided that it shall not be adverse to the duties of the Thai people, neither shall it endanger the safety of the State, nor shall it be contrary to public order or good morals. Regardless, this provision does not imply any State's endorsement of religious practices which are naturally oppressive and originally designed by the ruling class exploiting the common masses.
Section 13: A person shall enjoy the rights of privacy, dignity, reputation and family, and these rights shall exist and be protected as a given in both traditional and digital spheres. An act violating or affecting the right of a person under this provision, or an 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 14: A person shall enjoy the liberty of dwelling. Entry into a dwelling, publicly provided or personally owned, without the consent of its possessor or a search of a dwelling or personal 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 the law.
Section 15: A person shall enjoy the liberty to express opinions, make speeches, write, print, publicize and express by other means including in digital sphere. 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 and dignity of the people. Academic freedom shall be protected and the exercise of such freedom shall respect and not obstruct the different views of another person.
Section 16: A media professional shall have the liberty in presenting news or expressing opinions in accordance with professional ethics that recognize journalistic integrity, objectivity, and freedom of expression. The closure of a newspaper or other mass media in deprivation of the liberty under this provision 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 the state of war.
Any person sitting in the newspaper or other mass media workers' council board shall be a Thai national. No grant of resources or other properties shall be made by the State as subsidizes to cooperative newspapers or other cooperative mass media owned by its workers. A State agency, which distribute resources 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 with 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 they is attached shall also be taken into consideration.
Section 17: 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 provided by law.
Section 18: A personal shall enjoy the right to personal property and succession, given that such a possession is not a productive assets, which should be owned and self-managed collectively by the community or the workers. Any private ownership of productive assets shall be seized by the State and then distributed to the workers as common property.
Section 19: A person shall enjoy the liberty of travelling and the liberty of making the choice of their residence based on needs.
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 a minor.
Section 20: No person of Thai nationality shall be deported or prohibited from entering the Socialist Republic. The revocation of Thai nationality acquired by birth within the territory of the State shall not be permitted.
Section 21: A person shall enjoy the liberty to engage in an occupation. The restriction of such liberty under this provision 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 between worker cooperatives, preventing or eliminating barriers or monopoly, protecting consumers, regulating the engagement of occupation only to the extent of necessity, or for other public interest.
Enactment of the law to regulate the engagement of occupation under paragraph one shall not be in a manner of discrimination or interference with the provision of education by educational institutions.
Section 22: A person and a community shall have the right to:
Section 24: A person and a community shall have the right to:
Article 26: A person shall enjoy the liberty to unite and form a political party under the socialist participatory democratic regime of government, where the governance and economic policy-making processes are inherently decentralized and democratically planned. The Prime Minister shall act as a facilitator and coordinator for National Economic Facilitation and Social Cohesion Policy Development, as provided by law.
Political parties shall be rooted in the principles of collectivism, egalitarianism, and direct participation, ensuring that the interests of worker cooperatives and community assemblies are prioritized in all policy-making processes.
Section 27: The rights of a consumer shall be protected. A personal shall have the right to unite and form a consumer organization such as the consumer council to protect and safeguard the rights of consumers.
The consumer organizations under paragraph one have the right to unite and form an independent organization 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 28: A person shall have the right to receive public health services, in which these services shall be the sole duty of the State to provide actively, equitably, and reliably free of charge at the point of services. A personal shall have the right to the protection and eradication of harmful contagious diseases by the State as provided by law.
Article 29: The rights of a mother during the period prior to and after giving birth shall be protected and assisted as provided by law. There should be an explicit recognition that the act of carrying a child and giving birth to a person is a noble cause that ensures the sustainability of the human population.
Article 30: No person shall exercise the rights or liberties to undermine or overthrow the socialist participatory democratic regime of government, which prioritizes decentralized, democratically planned economic activities and the interests of worker cooperatives and community assemblies. Actions or endeavors that contravene these principles, aiming to disrupt the egalitarian and collectivist foundations of the state, shall be prohibited and subject to legal action.
Chapter III: Duties of the Thai People
Article 31: A person shall have the following duties as a Thai citizen:
Chapter IV: Duties of the State
Article 32: As regards any act provided by the Constitution to be the duty of the State under this Chapter, if the act is for the direct benefit of the people, the people and the community shall have the right to follow up and urge the State to perform such act, as well as to take legal proceedings against a relevant State agency to have it provide the people or community such benefit in accordance with the rules and procedures provided by law.
Article 33: The State shall protect and uphold the institution of democratic socialism, independence, sovereignty, integrity of the territories and the areas over which Thailand has the sovereignty rights, honor and interest of the Nation, Revolution, security of the State, and public order. For these proposes, the State shall provide efficient miliary, diplomatic, and intelligence services Armed forces shall also be deployed for the purpose of developing the country, protecting the Revolution, sending humanitarian aids, and expanding socialism aboard.
Section 34: The State shall ensure that the law is strictly observed and enforced, although the means shall be humane, peaceful, and productive. Principles underlying the application of law shall be guided by restorative justice over punitive measures, prioritizing rehabilitation and capital or corporal punishment shall be strictly prohibited.
Section 35: The state shall ensure that every child receives quality, socialist, and modern education for twelve years from pre-school to the completion of compulsory education free of charge. The State shall ensure that young children receive care and development prior to education under this provision to develop their physical body, mind, discipline, emotion, society, and intelligence in accordance with their age, by also promoting and supporting local administrative organization, in which these services shall be provided solely by the State or cooperatives.
The State shall undertake to provide the people education as needed in various systems, including promoting life-long learning, and to enable the cooperation among the State, local administrative organizations, and the cooperative sector in providing every level of education free of charge, which the State has the duty to carry out, supervise, promote, and support the provision of education to be of quality and to meet international standards as provided by law on national education which shall, at least, contain provisions relating to national education plan, and implementation and inspection to ensure the compliance with the national education plan.
All education shall aim to develop learners to be ethical, disciplined, compassionate, proud of the Revolution, skillful in their own aptitudes and responsible for their loved ones, community, society, and the country. In undertaking to provide young children to receive care and development under paragraph one or to provide people the education under paragraph two, the State shall undertake to provide persons with insufficient means with necessary resources for educational expenses in accordance with their inherent rights to receive equal opportunities and outcomes from the educational system.
Section 36: The State shall ensure that the people receive efficient, accessible, reliable, quality, and free public services universally, ensure that the public has the necessary knowledge in relation to health promotion and disease prevention, and shall promote and support the advancement of wisdom on Thai traditional medicine to maximize its benefits.
The public health services under paragraph one shall cover health promotion, control, and prevention of diseases, medical treatment, and rehabilitation. The State shall continuously improve the standard, accessibility, reliability, efficiency, and quality of public health services.
Section 37: The State shall undertake or ensure that universal and exhaustive utility services which are essential for the comfortable, peaceful, happy, and fulfilling living for the people or for the security of the State, the State shall not conduct any act which renders the ownership to be under the private sector and the ownership structure of the public utility shall be governed by socialist principle of collective ownership and workers self-management.
Section 38: The State shall:
A person and a community shall have the right to receive information, explanation, and reason from a State agency prior to the implementation or granting of permission under paragraph one. In the implementation or granting of permission under paragraph one, the State shall take precautions to minimize the impact on people, community, environment, and biodiversity and shall undertake to remedy the grievance or damage for the affected people or community in a fair and transparent manner without delay.
Section 40: he State shall disclose any public data or information in the possession of a State agency, which is not related to the security of the State or government confidentiality as provided by law, and shall ensure that the public can conveniently access such data or information through both traditional and digital channels.
Section 41: The State shall maintain the frequencies and the right to access a satellite orbit, which are national treasures, in order to utilize them for the benefit of the country and the people. The arrangement for utilization of the frequencies under this provision, regardless of whether it is for radio broadcasting, television broadcasting and telecommunications or for any other purposes, shall be for the greatest benefit of the people, security of the State, and public interest as well as the participation of the people in the utilization of frequency, as provided by law.
The State shall establish a State organization which is independent in performing duties to be responsible and supervise the undertakings in relation to frequencies under paragraph one. In this regard, such organization shall ensure that there are measures to prevent against unfair consumer exploitation or imposition of unnecessary burden on consumers, to prevent the interference of frequencies, as well as to prevent an act which results in obstructing the liberty of the people to know or preventing the people from knowing true and accurate data or information, and to prevent any person or any group of person from utilizing the frequencies without considering the rights of general public. This shall include the prescription of a minimum proportion to be undertaken, for public interest, by a person utilizing the frequencies as provided by law.
Section 42: The State shall provide efficient measures or mechanisms to protect and safeguard the rights of consumers in various aspects, which include, inter alia, knowledge of true information, safety, fair conclusion of contracts, or any other aspects which benefit consumers.
Section 43: The State shall strictly maintain its financial and fiscal discipline in order to ensure that the financial and fiscal status of the State is sustainably stable and secure in accordance with the law on financial and fiscal discipline of the State and shall establish a post-capitalist transaction system to ensure fairness in the society. The law on financial and fiscal discipline of the State shall, at least, contain, provisions relating to the framework of undertaking of public finance and budget of the State, formulation of fiscal discipline in respect of both budgetary and extra-budgetary income, the rights of all citizens to engage participatory in the budgeting process, and expenditures, management of State properties and treasury reserves and public debt management.
Section 44: The State shall promote, support and provide knowledge to the people on the dangers resulting from dishonest acts and wrongful conducts in both public and cooperative sectors, and shall provide efficient measures and mechanisms to rigorously prevent and eliminate such dishonest acts and wrongful conducts, including a mechanism to promote collective participation of the people in a campaign to provide knowledge, to counter corruption or to provide leads under the protection of the State as provided by law.
The Economy of Thailand shall operate under the socialist principle of collective ownership of the means of production where private ownership of the productive asset shall be strictly prohibited and deemed morally corrupted. However, Small and Medium Enterprises (SMEs) which operates as family businesses shall be excepted from the formation of worker cooperatives yet such a business shall remain under the principle of socialism where traditional hierarchies between employees and employers are eliminated.
Article 2: Thailand adopts a socialist participatory democratic regime with the Prime Minister as the Head of Government and the Head of State. All authorities shall be derived by the people as expressed freely through their intention for the continued existence of centralized socialist state.
The Prime Minister shall be inherently and institutionally constrained to exercise their power and shall serve as the nation-level facilitator and coordinator in practical aspects of daily governance. Nothing in this Constitution implies that the Prime Minister is the Head of the State and the Head of the Government traditionally associated with liberal democratic frameworks which unnecessarily and immorally concentrated political powers within a group of elite bourgeoisies.
Section 3: Sovereign power belongs to the Thai people. The Prime Minister as the Head of State shall exercise decentralized power through the National Assembly, the Council of Ministers, and the Court in accordance with the provisions of the Constitution.
Section 4: The state shall recognize and guarantee the inherent dignity and comprehensive rights of every individual. It shall actively promote substantive equality, social justice, and freedom of movement through progressive economic, social, and political measures, ensuring equitable distribution of resources and opportunities. The state shall strive to eliminate systemic inequalities and provide universal access to education, healthcare, housing, and social security.
Article 5: The Constitution is the supreme law of the State. The provisions of any law, rule, or regulation or any acts, which are contrary to or inconsistent with the Constitution, shall be unenforceable. Whenever no provision under this Constitution is applicable to any case, an act shall be performed or a decision shall be made in accordance with the constitutional conventions of Thailand under the socialist participatory democratic regime of government with Prime Minister as the Head of State.
Chapter II: Rights and Liberties of the Thai People
Article 6: As regards the rights and liberties of the Thai people and all individuals legally residing within the State, 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 and 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 person whose rights and liberties protected under the Constitution are violated, can involve the provisions of the Constitution to exercise their right to bring a lawsuit or to defend themselves in the Court.
Article 7: 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 and 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.
Article 8: All persons are equal before the law, and shall have rights and liberties and be protected equally under the law. Men, women, and person of other genders shall enjoy equal rights and liberties. 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, political view, or any other characteristic which is not contrary to the provisions of the Constitution or on any other grounds, shall not be permitted and strongly condemned.
Measures determined by the State in order to eliminate an obstacle to or to promote a person’s ability to exercise their rights or liberties on the same basis as other persons or to protect or facilitate children, women, LGBTQIA+ individuals, the elderly, persons with disabilities or underprivileged persons shall not be deemed as unjust discrimination under paragraph one. Members of the armed forces, police force, government officials, other officials of the State, and officers or employees of State organizations 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. However, this clause does not imply any endorsement of such law that goes against principle of human dignity, equity, and freedom.
Section 9: A person shall enjoy the right and liberty in their life and person. Arrest and detention of a 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 the person or any act affecting the right of liberty in life or person shall not be permitted except on the grounds as provided by law. Torture, brutal acts, or punishment of physical, mental, and emotional nature by cruel or inhumane means shall not be permitted.
Section 10: No person shall be subject to a criminal punishment unless they has committed an act which the law in force at the time of commission provides to be an offence and prescribes 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 resumed 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 through physical, emotional, and mental means.
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 themselves. An application for a bail of a suspect or defendant in a criminal case shall be accepted for consideration on the grounds of past social service or international socialist promotion, and excessive bail shall not be demanded. The refusal of a bail must be as provided by law.
Section 11: Forced labor shall not be imposed, no matter if there is any excuse 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. Such conducts shall not take place within the State and all persons deemed a laborer must be treated with utmost respect unless proven to be holding material wealth and procession similar to the characteristic of the bourgeoisie.
Section 12: 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 their religious principles, provided that it shall not be adverse to the duties of the Thai people, neither shall it endanger the safety of the State, nor shall it be contrary to public order or good morals. Regardless, this provision does not imply any State's endorsement of religious practices which are naturally oppressive and originally designed by the ruling class exploiting the common masses.
Section 13: A person shall enjoy the rights of privacy, dignity, reputation and family, and these rights shall exist and be protected as a given in both traditional and digital spheres. An act violating or affecting the right of a person under this provision, or an 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 14: A person shall enjoy the liberty of dwelling. Entry into a dwelling, publicly provided or personally owned, without the consent of its possessor or a search of a dwelling or personal 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 the law.
Section 15: A person shall enjoy the liberty to express opinions, make speeches, write, print, publicize and express by other means including in digital sphere. 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 and dignity of the people. Academic freedom shall be protected and the exercise of such freedom shall respect and not obstruct the different views of another person.
Section 16: A media professional shall have the liberty in presenting news or expressing opinions in accordance with professional ethics that recognize journalistic integrity, objectivity, and freedom of expression. The closure of a newspaper or other mass media in deprivation of the liberty under this provision 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 the state of war.
Any person sitting in the newspaper or other mass media workers' council board shall be a Thai national. No grant of resources or other properties shall be made by the State as subsidizes to cooperative newspapers or other cooperative mass media owned by its workers. A State agency, which distribute resources 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 with 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 they is attached shall also be taken into consideration.
Section 17: 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 provided by law.
Section 18: A personal shall enjoy the right to personal property and succession, given that such a possession is not a productive assets, which should be owned and self-managed collectively by the community or the workers. Any private ownership of productive assets shall be seized by the State and then distributed to the workers as common property.
Section 19: A person shall enjoy the liberty of travelling and the liberty of making the choice of their residence based on needs.
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 a minor.
Section 20: No person of Thai nationality shall be deported or prohibited from entering the Socialist Republic. The revocation of Thai nationality acquired by birth within the territory of the State shall not be permitted.
Section 21: A person shall enjoy the liberty to engage in an occupation. The restriction of such liberty under this provision 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 between worker cooperatives, preventing or eliminating barriers or monopoly, protecting consumers, regulating the engagement of occupation only to the extent of necessity, or for other public interest.
Enactment of the law to regulate the engagement of occupation under paragraph one shall not be in a manner of discrimination or interference with the provision of education by educational institutions.
Section 22: A person and a community shall have the right to:
- Be informed and have access to public data or information in the 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 of omission of a government official, official or employee of the State agency.
Section 24: A person and a 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 utilize natural resource, environment, and biodiversity, all of which shall be recognized as public goods and utilities, 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 be beneficial to the people or to the 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 a community welfare system. The rights of a person and a community under this provision shall also include the right to collaborate with a local administrative organization or the State to carry out such act.
Article 26: A person shall enjoy the liberty to unite and form a political party under the socialist participatory democratic regime of government, where the governance and economic policy-making processes are inherently decentralized and democratically planned. The Prime Minister shall act as a facilitator and coordinator for National Economic Facilitation and Social Cohesion Policy Development, as provided by law.
Political parties shall be rooted in the principles of collectivism, egalitarianism, and direct participation, ensuring that the interests of worker cooperatives and community assemblies are prioritized in all policy-making processes.
Section 27: The rights of a consumer shall be protected. A personal shall have the right to unite and form a consumer organization such as the consumer council to protect and safeguard the rights of consumers.
The consumer organizations under paragraph one have the right to unite and form an independent organization 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 28: A person shall have the right to receive public health services, in which these services shall be the sole duty of the State to provide actively, equitably, and reliably free of charge at the point of services. A personal shall have the right to the protection and eradication of harmful contagious diseases by the State as provided by law.
Article 29: The rights of a mother during the period prior to and after giving birth shall be protected and assisted as provided by law. There should be an explicit recognition that the act of carrying a child and giving birth to a person is a noble cause that ensures the sustainability of the human population.
Article 30: No person shall exercise the rights or liberties to undermine or overthrow the socialist participatory democratic regime of government, which prioritizes decentralized, democratically planned economic activities and the interests of worker cooperatives and community assemblies. Actions or endeavors that contravene these principles, aiming to disrupt the egalitarian and collectivist foundations of the state, shall be prohibited and subject to legal action.
Chapter III: Duties of the Thai People
Article 31: A person shall have the following duties as a Thai citizen:
- To protect and uphold the Revolution, Nation, and the socialist participatory democratic regime of government with the Prime Minister as the nation-level facilitator and coordinator until the time for the withering away of the state arrives;
- To defend the country, to protect and uphold the spirit of the Revolution, and interests of the Nation, and public domain of State, as well as to cooperative in preventing and mitigating disasters;
- To strictly observe law;
- To enroll in free compulsory socialist education;
- To respect and not to violate the rights and liberties of other persons and not to commit any act which may cause disharmony or hatred in society
- To freely exercise their right to vote in election, referendum, community assembly, worker council, planning board, or consumer council, taking into account the common interests of the country as a prime concern.
- To cooperate and support the conservation and protection of the environment, natural resources, biodiversity, and cultural heritage.
- Not to participate in or support all forms of dishonest act and wrongful conduct, especially those that challenge the legitimacy of the Revolution and the socialist economy.
Chapter IV: Duties of the State
Article 32: As regards any act provided by the Constitution to be the duty of the State under this Chapter, if the act is for the direct benefit of the people, the people and the community shall have the right to follow up and urge the State to perform such act, as well as to take legal proceedings against a relevant State agency to have it provide the people or community such benefit in accordance with the rules and procedures provided by law.
Article 33: The State shall protect and uphold the institution of democratic socialism, independence, sovereignty, integrity of the territories and the areas over which Thailand has the sovereignty rights, honor and interest of the Nation, Revolution, security of the State, and public order. For these proposes, the State shall provide efficient miliary, diplomatic, and intelligence services Armed forces shall also be deployed for the purpose of developing the country, protecting the Revolution, sending humanitarian aids, and expanding socialism aboard.
Section 34: The State shall ensure that the law is strictly observed and enforced, although the means shall be humane, peaceful, and productive. Principles underlying the application of law shall be guided by restorative justice over punitive measures, prioritizing rehabilitation and capital or corporal punishment shall be strictly prohibited.
Section 35: The state shall ensure that every child receives quality, socialist, and modern education for twelve years from pre-school to the completion of compulsory education free of charge. The State shall ensure that young children receive care and development prior to education under this provision to develop their physical body, mind, discipline, emotion, society, and intelligence in accordance with their age, by also promoting and supporting local administrative organization, in which these services shall be provided solely by the State or cooperatives.
The State shall undertake to provide the people education as needed in various systems, including promoting life-long learning, and to enable the cooperation among the State, local administrative organizations, and the cooperative sector in providing every level of education free of charge, which the State has the duty to carry out, supervise, promote, and support the provision of education to be of quality and to meet international standards as provided by law on national education which shall, at least, contain provisions relating to national education plan, and implementation and inspection to ensure the compliance with the national education plan.
All education shall aim to develop learners to be ethical, disciplined, compassionate, proud of the Revolution, skillful in their own aptitudes and responsible for their loved ones, community, society, and the country. In undertaking to provide young children to receive care and development under paragraph one or to provide people the education under paragraph two, the State shall undertake to provide persons with insufficient means with necessary resources for educational expenses in accordance with their inherent rights to receive equal opportunities and outcomes from the educational system.
Section 36: The State shall ensure that the people receive efficient, accessible, reliable, quality, and free public services universally, ensure that the public has the necessary knowledge in relation to health promotion and disease prevention, and shall promote and support the advancement of wisdom on Thai traditional medicine to maximize its benefits.
The public health services under paragraph one shall cover health promotion, control, and prevention of diseases, medical treatment, and rehabilitation. The State shall continuously improve the standard, accessibility, reliability, efficiency, and quality of public health services.
Section 37: The State shall undertake or ensure that universal and exhaustive utility services which are essential for the comfortable, peaceful, happy, and fulfilling living for the people or for the security of the State, the State shall not conduct any act which renders the ownership to be under the private sector and the ownership structure of the public utility shall be governed by socialist principle of collective ownership and workers self-management.
Section 38: The State shall:
- Conserve, revive and promote local wisdom, arts, culture, traditions and good customs at both local and national levels, and provide a public space for the relevant activities including promoting and supporting the people, community and a local administrative organization to exercise the rights and to participate in the undertaking;
- Conserve, protect, maintain, restore, manage and use or arrange for utilization of natural resources, environment and biodiversity in a balanced and sustainable manner, provided that the relevant local people and local community shall be allowed to participate in and obtain the benefit from such undertaking as provided by law.
A person and a community shall have the right to receive information, explanation, and reason from a State agency prior to the implementation or granting of permission under paragraph one. In the implementation or granting of permission under paragraph one, the State shall take precautions to minimize the impact on people, community, environment, and biodiversity and shall undertake to remedy the grievance or damage for the affected people or community in a fair and transparent manner without delay.
Section 40: he State shall disclose any public data or information in the possession of a State agency, which is not related to the security of the State or government confidentiality as provided by law, and shall ensure that the public can conveniently access such data or information through both traditional and digital channels.
Section 41: The State shall maintain the frequencies and the right to access a satellite orbit, which are national treasures, in order to utilize them for the benefit of the country and the people. The arrangement for utilization of the frequencies under this provision, regardless of whether it is for radio broadcasting, television broadcasting and telecommunications or for any other purposes, shall be for the greatest benefit of the people, security of the State, and public interest as well as the participation of the people in the utilization of frequency, as provided by law.
The State shall establish a State organization which is independent in performing duties to be responsible and supervise the undertakings in relation to frequencies under paragraph one. In this regard, such organization shall ensure that there are measures to prevent against unfair consumer exploitation or imposition of unnecessary burden on consumers, to prevent the interference of frequencies, as well as to prevent an act which results in obstructing the liberty of the people to know or preventing the people from knowing true and accurate data or information, and to prevent any person or any group of person from utilizing the frequencies without considering the rights of general public. This shall include the prescription of a minimum proportion to be undertaken, for public interest, by a person utilizing the frequencies as provided by law.
Section 42: The State shall provide efficient measures or mechanisms to protect and safeguard the rights of consumers in various aspects, which include, inter alia, knowledge of true information, safety, fair conclusion of contracts, or any other aspects which benefit consumers.
Section 43: The State shall strictly maintain its financial and fiscal discipline in order to ensure that the financial and fiscal status of the State is sustainably stable and secure in accordance with the law on financial and fiscal discipline of the State and shall establish a post-capitalist transaction system to ensure fairness in the society. The law on financial and fiscal discipline of the State shall, at least, contain, provisions relating to the framework of undertaking of public finance and budget of the State, formulation of fiscal discipline in respect of both budgetary and extra-budgetary income, the rights of all citizens to engage participatory in the budgeting process, and expenditures, management of State properties and treasury reserves and public debt management.
Section 44: The State shall promote, support and provide knowledge to the people on the dangers resulting from dishonest acts and wrongful conducts in both public and cooperative sectors, and shall provide efficient measures and mechanisms to rigorously prevent and eliminate such dishonest acts and wrongful conducts, including a mechanism to promote collective participation of the people in a campaign to provide knowledge, to counter corruption or to provide leads under the protection of the State as provided by law.
The Secretariats of the House of Representatives and Senate
