Abstract
The constitution of the national health system under the National Health Act B.E. 2550 (2007) shall
be deemed as a framework and guideline in making policies, strategies and assessing the performance of
activities in respect of national health. In other words, the health system constitution is the national framework
for the health system, providing for the state of human beings that are perfect in physical, mental,
intellectual and social aspects, all of which are holistic in balance. This study used documentary research
and in-depth interviews; it is aimed at exploring the legal status of the national health system constitution,
how it binds relevant organizations, the linkages with rights and duties in respect of health and the
Constitution of the Kingdom of Thailand and its implementation in practice.The national health system constitution is not a formal law and has no legal sanction, but with the
approval of the Council of Ministers, the health system constitution shall be binding on relevant parties,
including state agencies, civil society, politicians and the government. This does not reflect a weakness in
the Act. This Act uses a “mountain-moving triangle” strategy and health assembly for implementing
some restrictions on interested parties, using a participatory approach.
For the purpose of implementing the fundamental principles in the national health system constitution,
there should be some relationship between this constitution and the provisions in Chapter 3 (Rights
and Liberties of the Thai People) and Chapter 5 (Directive Principles of Fundamental State Policies) of the
Constitution of the Kingdom of Thailand, including section 163 of the Constitution. Therefore, the National
Health Act constitutes the model for health laws. Moreover, the health system constitution should
be mentioned in government policy and the administration of the state affairs plan.
