Shubham Pathak
College of Graduate Studies (CGS), Walailak University, Thai Buri, Tha Sala and 80160,

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Essentialities of Ratifying CED in Thailand: Human Rights amid Covid-19 Pandemic Siwarut Laikram; Shubham Pathak
Emerging Science Journal Vol 6 (2022): Special Issue "COVID-19: Emerging Research"
Publisher : Ital Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28991/esj-2022-SPER-05

Abstract

The Covid-19 pandemic delayed the ratification of several internal laws, reforms, and amendments, especially in developing countries such as Thailand, resulting in limited human rights for the populations. There is a unique violation of human rights inclusive of the right to life, the right not to be tortured, the right to liberty and safety of persons which are very important to international and civil society. This research explores the enforcement measures of the International Convention for the Protection of All Persons from Enforced Disappearance (CED). Thailand is currently in the process of ratifying its membership in CED. This ratification process will contribute towards Thailand for holding an important position to fulfill its obligations as a State Party member of this Convention. Thailand has been drafting internal laws and regulations to be consistent with the CED to recognize and protect lawful human rights. People must not be forced to disappear because such action is a serious criminal offence that must be punished appropriately under the CED. In addition, the injured persons shall be treated fairly and equally in accordance with the objectives and purpose of CED, and the Member of Parliament (MP) shall legislate and support the enactment in accordance with the Convention's obligations. In accordance with international mechanisms, these measures will further enhance the promotion and protection of Thailand's human rights. Therefore, Thailand should complete the ratification process at the earliest to develop more efficient domestic legal measures and mechanisms. Similarly, ratification would be consistent with Article 16 of the Sustainable Development Goals (SDGs), which will contribute to security and enhance a peaceful society by providing access to justice to all people in Thailand. Doi: 10.28991/esj-2022-SPER-05 Full Text: PDF
Ratification of ICRMW toward the ILO Conventions amid COVID-19 in Thailand Siwarut Laikram; Shubham Pathak
Emerging Science Journal Vol 6 (2022): Special Issue "COVID-19: Emerging Research"
Publisher : Ital Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28991/esj-2022-SPER-014

Abstract

Globalization has opened the avenues for the world to come together and attain sustainable growth. Migrant workers are a lifeline for several countries' labour forces and productivity. However, in Thailand, the rights of these migrants are restricted due to the non-ratification of the International Convention on the Protection of the Rights of Migrant Workers and Family Members (ICRMW). This research explores and analyzes various factors essentially responsible for the ratification of ICRMW in Thailand. The methodology adopted is the mixed method. The collected data were analyzed based on a socio-legal approach, with qualitative and quantitative tools and techniques combined: the strength, weakness, opportunity, and threats (SWOT) technique was integrated into the analytic hierarchy process (AHP) (SWOT-AHP). The findings suggest that Thailand has not yet ratified the ICRMW conventions, including ILO C-87 and ILO C-98, thus depriving migrant workers of protection. They are not protected by national law and are not entitled to equal protection as nationals: for instance, foreign workers are forbidden from migrating to the established labour unions and enjoying medical benefits and salaries. All these must be consistent with the conventions, particularly the Labor Protection Act, B.E. 2541 (1998) and the Labor Relations Act B.E. 2518 (1998). The novelty of this research is the analysis of the domestic and international laws in the Thai context, which depicts the need for ratification of ICRMW to protect migrant workers and their families. The findings can pave the way for similar future research in other ASEAN member countries. Doi: 10.28991/esj-2022-SPER-014 Full Text: PDF