Legal Measures Regarding the Rights of Persons with Disabilities to Participate in Election under the Organic Act on the Election of Members of the House of the Representatives B.E.2561 (2018)

Abstract

Election is a significant process of democracy not only demonstrating that the absolute ownership of the sovereignty belongs to the people but also indicating the intention of the citizens in order to obtaining their representatives under the provisions in the Constitution and other relevant laws. The election is required to follow its fundamentals elements. Consequently, it is necessary for the government to encourage all kinds of the citizens, including the disabled, to enjoy their rights of participating in election equally. In order to achieve this matter, some legal measures must be promoted by the government to eradicate some obstacles affecting the disabled from participating in the election.

            According to the studies, we found that the Organic Act on the Election of Members of the House of the Representatives B.E.2561 (2018) acknowledged some facilities or provided some assistances in voting for the disabled. However, in order to encourage the disabled to truly access their rights of election, the government is required some more measures that correspond to the principles in the Convention on the Rights of Persons with Disabilities (CRPD) ratified by Thailand since 2008. These measures must cover any periods in election; namely before voting date, on voting date and after voting date. Nonetheless the section 92 of the Organic Act on the Election of Members of the House of the Representatives B.E.2561 (2018) provide supports the disabled only on voting date but nothing before and after. Moreover, even there are such measures in the national election held on March 24, 2019, there are still some factual obstacles and problems affecting the disabled people to enjoy their rights of election. Therefore, there is necessity to amend the Organic Act on the Election of Members of the House of the Representatives B.E.2561 (2018) in order to encourage the right of disabled in every periods of election.