RSUSCI-2021 & RSUSOC-2021
IN21-188 Implementation of Convention on Rights of Persons with Disabilities (2006): A Case Study on Legal Capacity of Persons with Disabilities
Presenter: Sattra Keawphang
-, Faculty of Law (Songkhla Campus), Thaksin University
Abstract
The objective of the research is to suggest and develop the law on the legal capacity of persons with disabilities in the Thai Civil and Commercial Code (“the Thai CCC”) to protect the rights of persons with disabilities for consistency with the Convention on Rights of Persons with Disabilities (2006) (CRPD). The study included a study of documents and interviews (key informants). The authors found that some articles in “the Thai CCC” unnecessarily limit the legal capacity of persons with disabilities, which causes the inequality between the rights of other persons and persons with disabilities, and inconsistent with the CRPD and Constitution of the Kingdom of Thailand (2017), which recognizes that persons with disabilities shall enjoy legal capacity on an equal basis with others in all aspects of life. The authors suggest that amendments of “the Thai CCC” shall include the changes related to grant legal capacity for persons with disabilities instead of restricting legal capacity, which may enhance equal rights between other persons and persons with disabilities and makes the law on the legal capacity of persons with disabilities in Thai consistent with CRPD and the Constitution of the Kingdom of Thailand (2017).