Constitutionalizing the Right to a Good Environment in Thailand

Abstract

This study examines the importance of recognizing the right to a good environment in the Constitution as a fundamental human rights that the state must respect protect and fulfil. It analyzes key legal concepts related to this right as well as international developments that support its recognition and the current constitutional framework in Thailand. The purpose of the study is to support the recognition of the right to a good environment in the Thai Constitution. The research uses a qualitative legal method based on the analysis of constitutional texts, academic literature, legal documents and related studies. The findings show that the right to a good environment is already acknowledged under international law as part of universal human rights. The Thai Constitution does not expressly guarantee this right. The environmental rights that appear in the Constitution focus on procedural rights and do not provide substantive rights. The study recommends that Thailand should recognize this right in its Constitution. Such recognition would help ensure that people can live in a safe healthy and sustainable environment. It would also demonstrate Thailand’s commitment to international expectations set by the United Nations General Assembly which calls on states to strengthen efforts to secure a clean healthy and sustainable environment for all. Constitutional recognition of this right would support sustainable development and reinforce the protection of the fundamental rights of the people.