THE ROLE OF THE CONSTITUTIONAL COURT IN PROTECTING HUMAN RIGHTS UNDER THE CONSTITUTION OF THE KINGDOM OF THAILAND

Abstract

This study analyzes the role of the Constitutional Court of Thailand in protecting human rights under the Constitution of the Kingdom of Thailand B.E. 2560 (2017). Using a qualitative documentary analysis, it examines legal texts, Constitutional Court decisions, and the International Covenant on Civil and Political Rights (ICCPR) to assess the extent to which the Court’s interpretations align with international human rights standards. The scope covers major rulings between 2020 and 2021 that reflect the Court’s approach to safeguarding fundamental rights, including freedom, equality, and human dignity. The research focuses on the interaction between constitutional interpretation and international obligations within Thailand’s legal system. The findings reveal that the Constitutional Court plays a vital role in upholding human rights and balancing state authority with individual liberty. However, the Court’s interpretive approach remains cautious, emphasizing state security rather than progressive rights protection. The study recommends that the Court adopt interpretive principles based on pro persona and the principle of proportionality to ensure that rights restrictions conform to international standards. It also proposes the establishment of mechanisms linking the Court with international obligations, such as the ICCPR and relevant United Nations mechanisms, while promoting continuous judicial training in international human rights law. These measures would strengthen the Constitutional Court’s independence and enhance its capacity as a guardian of rights consistent with universal human rights principles.