The Rule of Law and the Protection of Family Rights of LGBTQ Persons: A Study of the Constitutional Court’s Decision
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Abstract
This research article aims to study the dynamics of problems and developments in the claim and protection of family rights of LGBTQ people in Thailand and abroad, important principles and necessity for the protection of family rights under the Constitution of LGBTQ people that are appropriate and consistent with the rule of law, and to study the decisions of the Thai and foreign Constitutional Courts related to the protection of family rights of LGBTQ people. This research is qualitative research by studying and analyzing documents, decisions of the Constitutional Court, and case studies from abroad.
Findings are as follow: Thailand does not have a law that clearly protects the family rights of LGBTQ people. The right to establish a family of LGBTQ people is considered an "emerging right". As a result, the Thai Constitutional Court has limitations in applying the rule of law to cases related to the family rights of LGBTQ people. From the analysis of the decisions of the Constitutional Court and case studies from abroad, it was found that Constitutional Courts in foreign countries have developed a new approach to interpreting the law called "Integrated Dynamic Rule of Law". This is a flexible, progressive interpretation of the law that is in line with the context of a multicultural society. This principle emphasizes the adaptation of the law to changing social conditions. The integrated application of dynamic jurisprudence also covers other issues related to family rights, such as the right to adopt children, the right to inheritance, or the right to receive various welfare benefits from the state. It sees that today's families are diverse and do not necessarily adhere to traditional forms. This interpretation allows the law to better respond to the needs and diversity of modern society. For the above reasons, the researcher recommends that the Constitutional Court should develop a progressive and flexible interpretation approach, taking into account social changes and the diversity of family forms. A modern rights protection system should be developed using modern technology, and the participation of all sectors in developing a rights protection system should be promoted in order to create effective and sustainable rights protection.
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Academic articles, research articles, and book reviews in the Ph.D. in Social Sciences Journal are author’s opinions, and not the publisher’s, and is not the responsibility of the Ph.D. in Social Sciences Journal Philosophy Association, Ramkhamhaeng University. (In the case that research is done on human, the researcher has to be trained in Ethics for Doing Research on Human Training and has to produce the evidence of the training).
References
Johnson, J. W. (2005). Griswold v. Connecticut: Birth control and the constitutional right of privacy. University Press of Kansas.
Kampusiri, P. (2014). The historical judgment of the United States Supreme Court (Right to marriage of same-sex persons). Thammasat University Law Journal, 43(2), 235-242.
Kraiwichian, K. (2010). The rule of law. Chuan Phim Printing House.
Locke, J. (1988). Two treatises of government. In Peter Laslett (Ed.). Cambridge University Press.
Phakirattan, W. (2012). The rule of law and the rule of law. Chulaniti Journal, 9(1), 49-67.
Singkaneti, B. (2015). Fundamentals of human rights, freedoms, and dignity (5th ed.). Winyuchon.
Singkaneti, B. (2022). Important issues that should be and should be amended according to the Constitution of the Kingdom of Thailand 2017: The Rule of Law. King Prajadhipok's Institute.
Sooksom, A. (2019) The guidelines for the right to gender identity recognition in Thailand based on the perspective of the foreign laws. Songklanakarin Law Journal, 5(1), 24-43.
Sungsekeow, W. (2005). Gender reassignment surgery recognition laws in European countries: Legal status after sex reassignment surgery. Chul Niti" Journal, 2(4), 68-84.
Tinnam, C., Oompornuwat, K., & Duaidee, R. (2021). LGBTIQN+ Health Strategy in Thailand. Nakhon Pathom: Sexuality Education Association.
Tosuwan, N., & Sutawan, J. (2021). The effects of Thai rule of law on the legal and political system after the 2006 coup. Academy Journal of Northern, 7(2), 21-28.
Uwanno, B. (2021). Public law volume 1: Philosophical evolution and characteristics of public law in various eras (8th ed.). Winyuchon.
