International Covenant on Civil and Political Rights (ICCPR)

"All persons are equal before the law and are entitled without any discrimination to the equal protection of the law”

- Article 26, International Covenant on Civil and Political Rights (ICCPR)

About the ICCPR

The International Covenant on Civil and Political Rights (ICCPR) is a key international treaty that aims to protect and promote civil and political rights. Adopted by the United Nations in 1966, it sets out fundamental rights such as the right to life, freedom of speech, and the right to a fair trial, obligating state parties to respect and ensure these rights for all individuals within their jurisdiction. The ICCPR also includes mechanisms for monitoring compliance, notably through the Human Rights Committee, which reviews reports submitted by states and considers individual complaints under the Optional Protocol.

ICCPR RIGHTS IN THAILAND

FREEDOM OF EXPRESSION

Article in ICCPR: Article 19

Thai law: Chapter 3, Section 34 of the 2017 Constitution

More information: General Comment #34

  • Everyone has the right to hold opinions without interference.
  • Everyone has the right to freedom of expression, which includes the freedom to seek, receive, and share information and ideas through any media, regardless of borders.
  • The ICCPR acknowledges that these rights may be restricted, but only if such restrictions are provided by law and necessary to protect the rights or reputations of others, or to safeguard national security, public order, or public health and morals.

FREEDOM OF ASSEMBLY

Article in ICCPR: Article 21

Thai law: Chapter 3, Section 44 of the 2017 Constitution

More information: General Comment #37

  • The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.

RIGHT TO A FAIR TRIAL

Article in ICCPR: Article 14

Thai Law: Chapter 3, Section 29 of the 2017 Constitution

More information: General Comment #18

The ICCPR recognizes the importance of the right to a fair trial in upholding justice and protecting fundamental rights. Key aspects of this right include, but are not limited to: 

  • Everyone is equal before the courts and entitled to a fair and public hearing by an independent tribunal;
  • Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law;
  • In the determination of any criminal charge, every person shall have the right, to be informed promptly and in detail, in a language they understand, of the nature and cause of the charge, and to have adequate time and facilities to prepare a defense and communicate with counsel of their own choosing; and
  • To be tried without undue delay.

NON-DISCRIMINATION

Article in ICCPR: Article 26

Thai Law: Chapter 3, Section 27 of the 2017 Constitution

More information: General Comment #37

  • All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.