การบังคับบำบัดกับสิทธิและเสรีภาพของผู้ติดยาเสพติดตามรัฐธรรมนูญแห่งราชอาณาจักรไทย

Abstract

The objective of this research is to study the concepts concerning the rights and liberty of people and the ratification of people’s rights and liberty, especially that of drug addicts. Drug addicts are regarded as a disadvantaged group even under the constitution of the state. Since the state has its main duties and objectives protecting people’s rights and liberty; therefore, drug addicts’ rights and liberty should not be an exception.The state is not able to restrict people’s rights and liberty except being authorized by specific provision based on the constitution and within the scope of necessity. In cases where the restriction would be implemented, ones’ rights and liberty should be protected. Both in national and international levels, there have been the studies about concepts as well as means to solve drug abuse problems. Since the past, there have specifically been the studies in Thailand focusing on the measurements in reducing drug abuse demand. The treatment and rehabilitation of drug addicts were included in the measurements, too. Legal measurements were especially implemented in order to treat and rehabilitate drug addicts. Without legal protection, the rehabilitation partly affected their rights and liberty. Legal measurements were aimed to help prevent the violation of drug addicts’ rights and liberty according to the constitution of the Kingdom of Thailand. From studies, drug addicts’ rights and liberty have been violated through several provisions enforcing the treatment or rehabilitation of drug addicts. The important provisions that prove this statement true are the provisions of laws on psychotropic substances, narcotic drugs and drug addict rehabilitation. The three provisions have not agreed with the constitution in many aspects. For instance, administrative sections are authorized to enforce the rehabilitation or treatment without passing judicial process. In addition, the alleged offenders have no grants of rights to prove themselves through judicial process. Through the state enforcement, this apparently affects their rights and liberty. Furthermore, even now it’s found that there has been the controversy among laws enforcing the rehabilitation of drug addicts. And the related policies on solving drug abuse do not agree either. Considering the success in solving drug abuse problems in other countries, it reveals that the policies to reduce drug demand are more successful and sustainable than that to merrily reduce drug supply. In conclusion, the three provisions mentioned above - the provisions of laws on psychotropic substances, on narcotic drugs and on drug addict rehabilitation - do not agree with the constitution: in that there is authorization to the administrative sectors to enforce the law to rehabilitate drug addicts without juridical process; and there are no grants of rights offered to offenders to prove themselves via juridical process. These problems are seen to affect the rights and liberty of drug addicts. All in all, there should be the improvement and revision of related laws as well as provisions to make it clear in legal practices according to the constitution regarding the rights and liberty of drug addicts. This suggestion would be for the achievement in rehabilitating and treating drug addicts based on the objectives of laws. Every aspect suggested would altogether help drug addicts reform. And the safe society with no crime to be conducted by these reformed drug addicts would be expected