How Right to Pursuit of Happiness to be Enforced under the Statutory Provisions

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เอกฉัตร วิทยอภิบาลกุล
ชลธิชา สุรัตนสัญญา

Abstract

Right to pursuit of happiness is considered one of the human rights provided and certified in the Declaration of Independence in the United States of America. Though not officially and obviously provided in the constitution, it is still required that all states and all judicial systems must reserve and certify the said right. At present, a number of nations have received such influence of human rights via agreements, commandments, and treaties of international organizations in which they have participation or ratification. Accordingly, the right to pursuit of happiness is regarded as an interesting principle worth of studying to see how different nations pay their attention to it. Thailand, which is a nation certified by several international organizations in terms of assurance on human rights, has ratified and put the said right in the provisions of the constitution of the Kingdom of Thailand. However, Thailand has not yet directly and particularly provided or ratified the right to pursuit of happiness in its constitution because there is still no ratification of unalienable right as provided in the Declaration of Independence in the United States of America. Yet, it is evident that there are some provisions in the constitution that enable the people to assume their rights as well as some freedom that are not stated in the constitution on the condition that the said rights shall not cause any harm to the state, societies, or another person. Accordingly, it is understood that the right to pursuit of happiness can be used by any individuals under the statutory provisions.

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References

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