Bangkok: Udom Rathamrit, a judge of the Constitutional Court, highlighted the evolving complexity of human rights issues and recommended four approaches to enhance the Constitutional Court’s role in providing justice to society. He emphasized the need for a legal institution akin to intelligence to address future challenges.

According to Thai News Agency, Mr. Udom delivered a lecture at the meeting of the Association of Constitutional Courts and Equivalent Institutions (AACC), focusing on the development of the Constitutional Court for human rights protection. He described the global challenge faced by courts, referencing the Universal Decree on Human Rights of 1948 and subsequent international agreements. These agreements have been integrated into national constitutions, affecting how state power is exercised and ensuring the protection of human rights. Mr. Udom noted that the evolving scope of human rights, influenced by advancements in knowledge and societal changes, requires a nuanced approach to constitutional adjudication.

Mr. Udom pointed out that contemporary human rights challenges differ significantly from those in the past, which were often centered on excessive state power. Issues such as protecting the rights of the accused, gender equality, and freedom of expression were once straightforward but have now expanded into new dimensions, including human dignity and privacy. He cited various cases that illustrate these complexities, such as the Thai Constitutional Court’s rulings on fingerprint refusal and non-compliance with coup orders, which highlight the need for guidelines in protecting human rights.

The global shift towards digital technology and its impact on privacy has made access to personal information a priority. For example, rulings on internet access and privacy, climate change, and infectious diseases have been areas of focus for constitutional courts worldwide. The increasing vulnerability of certain social groups, such as stateless individuals and the elderly, has also emerged as a constitutional concern. Mr. Udom referenced similar issues faced by the European Court of Human Rights and other international courts.

Mr. Udom also addressed gender-related issues, including the termination of pregnancy and the rights of transgender individuals. He highlighted cases from the Thai, Belgian, Indian, and Italian constitutional courts to demonstrate the evolving nature of human rights issues. These examples underscore the Constitutional Court’s duty to protect basic rights and freedoms as enshrined in the Constitution.

To enhance the Constitutional Court’s role in providing justice, Mr. Udom recommended four approaches. First, the selection process for judges should prioritize candidates with the necessary knowledge and abilities. Second, mechanisms supporting judges should be developed to facilitate comprehensive case analysis and judgment. Third, promoting the Constitution’s quality requires a vision aligned with societal needs, ensuring the court’s independence and credibility. Lastly, establishing a Constitutional Law Institute would foster research and collaboration on constitutional law, safeguarding rights and liberties while adapting to societal changes.