Fundamental Rights to Education of Stateless Person in Thailand

Abstract

Currently, Stateless persons in Thailand face significant challenges in accessing basic rights, including the right to education. This research article explores the legal and policy framework governing the right to education for stateless persons in Thailand, employing a qualitative approach to analyze relevant documents and international and domestic laws.

The findings reveal that current Thai legal measures related to stateless persons' right to education are inconsistent with the Constitution of the Kingdom of Thailand (B.E. 2560 (2017)). And lack clarity in implementing educational provisions. While the right to education is recognized and protected under fundamental human rights in international law to which Thailand is a signatory, the 2017 Constitution, article 4, stipulates the rights of individuals to respect human dignity, freedoms, and equality. These rights are to be protected, with the intention of safeguarding human dignity. However, the National Education Act, B.E. 2542 (1999) section 6, limits education to the development of Thai citizens. Consequently, Thailand should amend its laws to align with the constitution and international law to ensure effective and sustainable education for stateless persons, enabling them to access education equitably and equally in accordance with fundamental human rights principles.