Legal Problems Related to Rights of the Elderly in Getting the Appropriate Support from the Government: A Case Study on the Problems in the Chak Thai Subdistrict Area Municipality Khao Khitchakut District Chanthaburi Province

Abstract

The research aimed to study concepts and principles related to rights of the elderly for gaining appropriate support from the state. The research points included primary functions of state, theory of rights and freedoms, principles of legality of administrative action, decentralization, and principles of laws regarding to the elderly for acquiring the proper support from the state, international laws and national laws. The research also aimed to compare data collected from the research areas including Chak Thai Subdistrict Municipality in Khao Khitchakut District in Chanthaburi Province. The data collected from the in-depth interview. The research findings revealed that the policies, concepts, and principles for rights of old persons have supported rights of the elderly meaning an elderly individual has all the rights to be treated with dignity and respect for the personal integrity of the individual and free from human rights violations. Besides, the collaboration between public and private sectors should be created to provide services to the elderly. When the national laws on human rights about old persons including Constitution of the Kingdom of Thailand B.E. 2560 and the Act on the Elderly B.E. 2546 were studied, three important legal problems were found as follows: the problems of rights holder’s scope, rights which old persons have gained, and Local Administration Organization’s authority in accessibility to rights of old persons management. The researcher has approved to have law improvement for practical rights of the elderly.