Legal Problems in Managing Public Health Emergencies through a Case Study of the COVID-19 Pandemic in Thailand

Abstract

The purpose of this study was to study application of relevant laws in managing public health emergencies through a case study of the COVID-19 pandemic in Thailand as well as appropriateness of legal enforcement and monitoring actions by administrative authorities managing emergency situations. Documentary research was done with data gathered from books, articles, and electronic files in Thai and English formats. this did not include procuring vaccines.

            Results were that to manage the COVID-19 pandemic in Thailand, the Emergency Decree on Public Administration in Emergency Situations B.E. 2548 was applied in conjunction with the Communicable Disease Act B.E. 2558, insofar as the latter law could not control the rapid widespread pandemic. As a result, problems arose concerning appropriateness of legal enforcement because the Emergency Decree was not a law. Intended to resolve epidemics by legal enforcement measures, it was not designed to address public health emergencies or apply extant laws existing in normal situations to allow the government to exercise powers in emergency situations due to provisions removing Administrative Court jurisdiction.

            Therefore, Communicable Disease Act B.E. 2558 should be amended to enhance efficiency and provide legal measures to address pandemics or related public health emergencies in future.