The Right of Persons with Disabilities for being A Judges

Abstract

This academic article aims to examine the opportunities available to persons with disabilities in accessing their fundamental right to employment, with a particular focus on entering the civil service in the position of judge. The primary emphasis is placed on analyzing the eligibility criteria of applicants under Section 26 (11) of the Act on Judicial Service Regulations B.E. 2543. This article seeks to assess whether such legal provisions are consistent with the Constitution of the Kingdom of Thailand B.E. 2560, as well as with relevant international human rights laws to which Thailand is a party. A comparative analysis is also conducted against relevant legal theories and frameworks both within Thailand and internationally, with the overarching aim of developing Thai law to ensure equal access to fundamental rights for persons with disabilities.

The findings reveal that, in Thailand, persons with disabilities have previously applied to sit for the competitive examination to serve as assistant judges on multiple occasions. However, they were consistently denied the opportunity to take the examination on the grounds of lacking the required physical qualifications as prescribed by the aforementioned Act. This practice has persisted despite Thailand's ratification of relevant international human rights instruments and the existence of rulings by the Constitutional Court on this matter.

The author recommends that the eligibility criteria under the said Act should be amended. In particular, the disqualification of candidates based solely on physical conditions should be prohibited. Instead, such assessment must take into account the availability and appropriateness of reasonable accommodations. This amendment would bring the law in line with Thailand’s international human rights obligations and ensure compliance with the Constitution of the Kingdom of Thailand B.E. 2560 (2017).