Abstract:
This thesis aims to study the causes of the prohibition clauses in Section 96 (1) of the Constitution of the Kingdom of Thailand 2017 the so called Ascetics who are a Buddhist monk and novice, ascetic and priest from exercising the right to vote by analyzing the difference of ascetic legal status in three major religions in Thailand which are Buddhism, Christianity and Islam. Furthermore, with the problem on the clauses of disenfranchisement entail prohibitions of ascetics exercising other political rights. By these questions raised the thesis focus on these frameworks: theories of international human rights law, the concepts of limitation on constitutional rights and principles of separation between the Church and the State upon the identity of Thailand under the connectivity of the Church and the State. The studies have found that only Buddhist monks contain their ascetic status and are de facto prohibited to exercise their rights to vote. On the contrary, Islamism has its provisions clearly prescribed that all Muslim clergies are not Ascetics like Christianity where the priests are not fully recognized their Ascetic in a Thai legal system, thus Muslim clergies and Christian priests are entitled to have their rights to vote and other political rights. Therefore, those findings reflects an existence of relationship between the Thai State and Buddhism religious in three issues as follows : (i) the concept of separating the secular and the Buddhism religion in the Thai State resulting that the provisions of Thai Constitution shall have the duties to protect the Buddhism religious from politic deterioration (ii) the existence of an ambiguous legal definition of Ascetics status in three aspects : same religious, different religious and the religious being recognized and not being recognized by the Thai State, resulting in differing enjoyment of rights and (iii) the conception of limitation on constitutional not being in compliance with the principle of equality and of proportionality as well as the freedom of expression in individual self-determination on the exercise of rights to vote as a citizen or an Ascetic.