The Approaches to Enhancing the Participation of Persons with Disabilities in the Legislative Process under Section 77 of the Constitution of the Kingdom of Thailand B.E. 2560
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Abstract
This research, entitled “The Approaches to Enhancing the Participation of Persons with Disabilities in the Legislative Process under Section 77 of the Constitution of the Kingdom of Thailand B.E. 2560", aims to: (1) examine the problems and barriers to the participation of persons with disabilities in expressing opinions during the drafting of legislation under Section 77 of the Constitution of the Kingdom of Thailand B.E. 2560; (2) analyze the forms, methods, duration, and levels of participation for persons with disabilities, considering both legal aspects and channels for public consultation on draft legislation proposed by the cabinet, members of parliament, and the general public; and (3) propose guidelines for improving public consultation for persons with disabilities in enacting laws under Section 77 of the Constitution of the Kingdom of Thailand B.E. 2560. The study employed a qualitative research methodology, comprising documentary research and fieldwork through in-depth interviews, focus group discussions, participatory design-co-design, and public consultations. The findings revealed that although, in principle, persons with disabilities can participate in public consultations on legislative proposals, physical limitations that are both visible and nonvisible often prevent them from exercising such rights equally and on par with the general public. Furthermore, the organization of public consultation processes on draft legislation is not yet conducive to accessing each type of disability. Therefore, to ensure equitable and inclusive access for persons with disabilities on draft legislation equally and on par with the general public, it is essential to integrate disability-related considerations into every stage of the public consultation process, including the provision of diverse forms and methods, the use of technology that supports access for persons with disabilities, and the provision of appropriate accommodations tailored to the special needs of each disability type.
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References
Act on Legislative Drafting and Evaluation of Law B.E. 2562 (2019). (2019, May 31). Royal Thai Government gazette. No.136 Chapter72 Gor. pp. 1-16.
Arduin, S. (2018). Article 3: General Principles. In I. Bantekas, M. A. Stein & D. Anastasiou (Eds.), The UN Convention on the Rights of Persons with Disabilities: A Commentary (pp. 84-105). Oxford University Press.
Arnon Sriboonroj, & Hataikarn Kamnerdpetch. (2014). The rights to access to justice in criminal proceedings of persons with intellectual disabilities. Ratchasuda College Journal for Research and Development of Persons with Disabilities, 10(13), 107-125.
Banjerd Singkaneti. (2012). Fundamental principles of rights, freedoms and human dignity (4th ed.). Winyuchon Publishing House.
Charan Khosananan. (2002). Human rights without borders: Philosophy, law and social morality. Nititham Publishing House.
Committee on the Rights of Persons with Disabilities. (2014). General Comment No. 2, (2014) Article 9: Accessibility. United Nations.
Constitution of the Kingdom of Thailand, B.E. 2560 (2017). (2017, April 6). Royal Thai Government gazette. No.134 Chapter40 Gor. pp. 1-90.
Constitution Drafting Committee. (2019). Purpose and Section-by-Section Explanation of the Constitution of the Kingdom of Thailand, B.E. 2560 (2017). Secretariat of the House of Representatives.
Convention on the rights of persons with disabilities. (n.d.). OHCHR. Retrieved March 12, 2025, from https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities
Department of Empowerment of Persons with Disabilities. (2024, December 23). The situation of persons with disabilities in Thailand. https://dep.go.th/images/uploads/files/ 30112567.pdf.
Jesada Tongkhao. (2019). Legal Measures Concerning the Election of Persons with Disabilities under the Organic Act on the Election of Members of the House of Representatives, B.E. 2561 (2018). Asian Network for Free Election (ANFREL) Foundation.
Law Development Committee. (2019). Recommendation of the Law Development Committee on Stakeholder Consultation in Legislative Drafting Process. 2562 (2019, November 27). Royal Thai Government gazette. No.136 Chapter136 Gor. pp. 12-13.
Legal Development Division, Office of the Council of State. (2019). Explanation of the Act on Legislative Drafting and Evaluation of Law B.E. 2562 (2019). Office of the Council of State.
Lord, E. J., Guernsey, K. N., Balfe J. M., Karr, V. L., DeFranco, A. S., & Flowers, N. (2012). Human rights. YES! action and advocacy on the rights of persons with disabilities (2nd ed.). University of Minnesota Human Rights Center.
Moeckli, D. (2013). Equality and Non-Discrimination. In D. Moeckli, S. Shah & S. Sivakumaran (Eds.). International Human Rights Law (pp. 157-173). Oxford University Press.
Nilsson, A. (2018). Article 2: Definitions. In I. Bantekas, M. A. Stein & D. Anastasiou (Eds.), The UN Convention on the Rights of Persons with Disabilities: A Commentary (pp. 63-83). Oxford University Press.
Persons with Disabilities Empowerment Act B.E. 2550 (2007). (2007, September 27). Royal Thai Government gazette. No.124 Chapter61 Gor. pp. 8-24.
Thawilwadee Bureekul, Pattama Sukampang, Sumontha KorKaew, Tatsanai Tongsinuan, & Suphanan Thepkham. (2009). Public Participation in the Public Policy Process. King Prajadhipok’s Institute.
Traustadóttir, R. (2009). Disability Studies, the Social Model and Legal Developments. In M. A. Arnardóttir & G. Quinn (Eds.), The UN Convention on the Rights of Persons with Disabilities: European and Scandinavian Perspectives (pp. 3-16). Martinus Nijhoff Publishers.
Wiriya Namsiripongpan, Monthian Buntan, & Akkarapun Khwanchuen, (2003). Research Report on the Amendment of Laws Obstructing Persons with Disabilities from Participating in Society: A Case Study of Laws and Regulations Restricting the Right of Persons with Disabilities to Engage in Occupation. Office of the Council of State.
