วันพฤหัสบดีที่ 21 เมษายน พ.ศ. 2559

The provisions that guarantee right and liberty of people in the Draft Constitution by Pakorn Nilprapunt


The provisions that guarantee right and liberty of people in the Draft Constitution

                        Section 25.   Apart from the right and duty as prescribed by the provisions of the Constitution, a person shall enjoy the right and liberty to do any act which is not prohibited or restricted by the Constitution or law and such act shall also be protected by the Constitution in so far as the exercise of such right or liberty does not affect or endanger the security of State or public order or good morals and does not violate the right or liberty of any other.
                        In case of the right or liberty which is required by the Constitution to be exercised in accordance with the provision of law or the rule and procedure as prescribed by law, the person or community shall enjoy such right or liberty within the spirit of the Constitution even though the relevant law has not been enacted yet.
                        A person whose right or liberty under the Constitution is violated may claim the protection under the Constitution to protect or defend himself in the Court.
                        A person who gets damaged from the violation of his right or liberty or from the commission of criminal offense of other shall be entitled to remedy or assistance from State as prescribed by law.

                        Section 26.   The enactment of law restricting the right or liberty of a person shall be in accordance with the condition as prescribed by the Constitution.  If such condition is nonexistent, the law to be enacted shall not be inconsistent with the rule of law and shall not append unnecessary burden to, or unreasonably restriction on right and liberty of, a person and shall not affect inherited dignity of human.  Additionally, the justification for the restriction of right and liberty shall also be specified.
                      The law under paragraph one shall apply generally, not for particular case or person.


                        Section 27.   All persons are equal before the law and their rights and liberties are protected equally under the law.
                        Men and women shall enjoy equal right.
                      Unjust discrimination against any person on the grounds of differences in place of birth, race, language, sex, age, disabilities, physical or health condition, economic or social status, religion, education or political view which is not contrary to the provision of the Constitution or any other ground shall not be made.
                        Any measure determined by the State in order to eliminate any obstacle,  to enable a person to exercise his right and liberty as same as the other, or to protect or facilitate children, women, the elderly or the disabled or disadvantaged people shall not be deemed as unjust discrimination under paragraph three.
                        A member of the armed force, police, government official, State official and officer or employee of any State agency shall enjoy the same right and liberty as those enjoyed by general person, unless such enjoyment is restricted by law and in the matter particularly to politics, efficiency, disciplines or ethics.


NOTE: In this translation, masculine includes feminine  

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