A COMPARATIVE STUDY OF LEGAL FRAMEWORKS FOR PROTECTING THE RIGHTS AND HUMAN DIGNITY OF EX-OFFENDERS CASE STUDIES OF: THAILAND AND SINGAPORE

Abstract

This research article aims to analyze the structural problems of the Thai legal system that lead to a neglect of the protection of human dignity for ex-offenders. This creates a significant barrier to their social reintegration and contributes to a high rate of recidivism. Despite their release from prison, ex-offenders continue to face "Social Imprisonment," a phenomenon caused by stigmatization and discrimination deeply embedded within the law and state mechanisms. The study employs a qualitative research methodology, primarily using two approaches: Documentary Research and Comparative Legal Analysis. Data was collected from primary sources, including the Constitution of Thailand, the Personal Data Protection Act, and Singapore's Registration of Criminals Act. Singapore was chosen as a case study due to its success in managing this issue and its low recidivism rate. The research is grounded in three key theoretical frameworks: the concept of human dignity, Stigma Theory, and Desistance Theory. The findings reveal three major flaws in the Thai legal system: 1) ineffective personal data protection, 2) the absence of a functional expungement system, unlike Singapore's automatic “spent conviction” regime, and 3) a lack of integrated state assistance mechanisms. In response, this article proposes structural reforms, including the enactment of a specific law to expunge criminal records, the reform of personal data protection laws in the public sector, and the establishment of an independent statutory body to manage the rehabilitation and reintegration process. These measures are essential to ensuring that ex-offenders are granted a genuine opportunity for a new start in society.