Creating equality by law under the precariousness that may violate human rights principles

Abstract

The state has a duty to protect civil rights under the enabling legislation. If viewed from the angle of action, the state has the power or the right to act. But if viewed from an angle in the result of action,
the state also has a duty to protect and defend the impacts of state power. Therefore, in the actions of the state according to the authority or protection of the result, the state must act equitably in order to balance
the justice of law enforcement. On many cases, the court was unable to judge the defendant's conviction because of the escape but while the defendant cannot escape, he had to face the punishment of such offenses. If looking at the principles of human rights according to international principles, it can be seen that it is in accordance with the laws of the state that are defined as such. Later, after the Criminal Procedure Code of the Political Personnel Act of 2017 was enforced, the law allows the court to consider and judge the case behind the defendant. But such laws may be considered that it will precarious to be contrary to the principles of the Universal Declaration of Human Rights of the United Nations on trial. But may be considered as breaking the wall of the disparity of legislation with equality of status of a person. Therefore, the Thai law has enacted the principle of equality of law under the rule of law in accordance with the provisions of the Constitution.