Abstract:
The enforced disappearance of a human being is a serious violation of basic human rights, because it can also infringe many other human rights to which each individual is entitled such as the right to live, the right not to be subjected to torture, the right to obtain personal liberty and security, and the right to be recognized as a legal person before the law. For these reasons, many attempts have been made to ensure that the government, authorities, and other involved sectors recognize the right and allow for the protection of an individual from the enforced disappearance. Recently, the effort has been moved forward by the establishment of International Convention for the Protection of All Persons from Enforced Disappearance, which ensures the Right not to be Subjected to Enforced Disappearance. Fundamentally, this Right is regarded as a particular form of human rights that international and social sectors should respect universally in any circumstances worldwide. As the heart of this Convention, the enforced disappearance is considered a severe crime which is punishable by law as appropriate and the victims should be compensated fairly. The state parties should respect and follow the obligations stated by the Convention which are considered basic standards to protect individuals from the enforced disappearance, and amend the domestic law to comply with the objectives and intentions of the Convention, as well as exercise necessary measures (both preventive and restorative) to efficiently and effectively protect individuals from enforced disappearance. Furthermore, the Convention will establish the specific international mechanisms to check the extent of each nations compliance with the objectives of the Convention. Studies showed that participation and joining the membership of the convention will improve the promotion and protection of human rights in Thailand to another level. Thailand, therefore, should process the accession to become a state party of the Convention in addition to taking steps to amend domestic laws and adjust the measures and mechanisms of law enforcement so that we can appropriately conform to and act in keeping with the provisions of the Convention.