Law Enforcement for Children's Fundamental Rights Protection: A Case Study of Right to Education

Authors

  • Assistant Professor Nontachai Mora Lecturer at the Faculty of Law Suratthani Rajabhat University
  • Assistant Professor Kwantaya Buncherd Lecturer at the Faculty of Law Suratthani Rajabhat University

Keywords:

law Enforcement, Fundamental Rights, Stateless People, Right to Education

Abstract

This research aims to study the law and policy provisions on fundamental human rights, the concept of the right to education and educational management for stateless children as well as the causes of problems of law enforcement for the protection of the right to education according to the law. This study adopted the qualitative research method to seek answers for each issue by collecting and analyzing information from relevant documents.

The study found that the right to education was recognized and protected by the law. However, the Office of the Basic Education Commission had problems of education management for stateless children including legal and operational problems of education management. The relevant authorities could not provide the education management effectively for stateless children and lacked effective implementation of education management including student database and budget allocation per capita. These factors affected the recognition of the right to education for stateless children.

The author suggests that the relevant authorities should apply the international law on the right to education of stateless children to introduce a national law. The Office of the Basic Education Commission should prepare policies, educational development and promotion plans of private organizations as well as pushing for ministerial regulations on student surveys in educational institutions and criteria for auditing and monitoring budget expenditures according to the National Education Act.

References

Banjerd Singkaneti. (2015). Fundamental Principles of Rights, Freedom and Human Dignity (5th Edition). Bangkok: Winyuchon Publishing House.

Constitution of the Kingdom of Thailand (Interim) B.E. 2557 (2014).

Constitution of the Kingdom of Thailand B.E. 2550 (2007).

Constitution of the Kingdom of Thailand B.E. 2560 (2017).

Draft Regulations of the Office of the Prime Minister on the Education Management for Persons without Civil Registration or without Thai Nationality by Private Organizations in the Immigrant Education Center B.E. ...

Kanchana Poolkaew. Human Rights Movement in ASEAN. Retrieved on 8 February 2016. From http://www.labour.go.th.

Kosol Sophakwichit (1977) United Nations Human Rights Protection Principles. Law Journal. Vol. 3 May-August.

Krittaya Archavanijkul. (2011). The Stateless People Systematization in the context of Thailand. Nakhon Pathom: Institute of Population and Social Research, Mahidol University.

Letter of the Ministry of Interior No. Mor Tor 0309.1/19695 on Solving the Problem of Nationality and Personal Status of Stateless Students and Persons born in the Kingdom of Thailand dated 7 November 2016.

Ministry of Education Regulations on Evidence for Admission of Students into Educational Institutions B.E. 2548 (2005).

Nakharin Mektrairat. (2010). Institutional Mechanisms Change for Enhancement of Children’s Performance in Local Administrative Organizations. Bangkok: Thammasat University Press.

National Education Act, B.E. 2542 (1999).

Nopithi Suriya. (2016). International Law 1 (10th Edition). Bangkok: Winuchon Publishing House.

Office of the Permanent Secretary Ministry of Education. (2012). Instructions and Guidelines for Education Management for People without Civil Registration Evidence or Thai Nationality. (1st Edition). Bangkok: Agricultural Cooperative Assembly of Thailand Publication.

Orawan Rodsangwan. (2003). The Right to Health of Stateless People in Thailand. Master’s Thesis Faculty of Law, Thammasat University.

Pantip Kanchanajitra Saisunthorn. Foreigner’s Immigration to Work. Retrieved on 15 August 2020. from http://www.archanwell.org.

Pantip Kanchanajitra Saisunthorn. Statelessness in Thailand: What is it and what is solution?. Retrieved on 15 August 2020. from http://www. archanwell.org.

Patnida Phanthumsen. Declaration of Education for All (EA). Daily News, 8 March 2011.

Secretariat of the National Education Council. (2013). Global Education for All Monitoring Report. Bangkok: The Secretariat of the National Education Council Ministry of Education.

Srirak Plipat. (2005). The Right to Education. Nonthaburi : Sukhothai Thammathirat Open University.

Suwannee Khemcharoen. (2004). “The Right to Education of Stateless People in Thailand.” Master’s Thesis. Faculty of Law Thammasat University.

United Nations Educational, Scientific and Cultural Organization. (2012). Summary of Global Monitoring Reports. Education for All (EFA). Paris: UNESCO.

Wanchai Rujanawong. (2005). The Rights of the Child according to the Obligations under the Convention on the Rights of the Child. Nonthaburi: Sukhothai Thammathirat Open University.

Wich Jiraphaet. “Rights of Illegal Immigrants Obtaining Thai Nationality.” Doctoral Thesis. Faculty of Law Thammasat University, 2006.

Wichai Tansiri. (2000). Explanation of the National Education Act, B.E. 2542 (1999) (3rd Edition). Bangkok: Saitarn Publication.

Downloads

Published

2023-06-11

How to Cite

Mora , Nontachai, and Kwantaya Buncherd. “Law Enforcement for Children’s Fundamental Rights Protection: A Case Study of Right to Education”. Law and Local Society Journal 7, no. 1 (June 11, 2023): 47–74. accessed January 3, 2026. https://so04.tci-thaijo.org/index.php/llsj/article/view/263051.

Issue

Section

Research Article