Translators and Interpreters as Consumers in Constitutional Law

Consumer Protection under the 2017 Thai Constitution: Implications for Translators and Interpreters as Service Consumers

27 December 2025, Bangkok – The 2017 Constitution of the Kingdom of Thailand introduced a structural reconfiguration of consumer protection by dividing its provisions between the chapter on rights and liberties and the chapter on state duties. This article examines the legal and practical implications of this constitutional design for translators and interpreters, who function as professional service providers while simultaneously occupying the position of consumers of both public and private services. The analysis focuses in particular on the removal of the explicit constitutional right to lodge complaints and seek remedies for damages. The article argues that by redefining consumer protection primarily as a duty of the state rather than as an enforceable individual right, the 2017 Constitution weakens the legal position of professional service consumers and increases barriers to effective access to justice.
Keywords: consumer rights, Thai Constitution 2017, translators and interpreters, state duties, remedies

Introduction
Consumer protection is a central feature of modern constitutionalism, intended to correct structural imbalances of power between consumers and service providers in both the public and private sectors. In Thailand, constitutional guarantees of consumer rights have historically played an important role in shaping regulatory and judicial approaches to market fairness and accountability. However, the Constitution of the Kingdom of Thailand B.E. 2560 (2017) introduced a significant shift in this framework by redistributing consumer-related provisions across different constitutional chapters.

This article explores the consequences of this shift through the specific case of translators and interpreters. Although commonly perceived as independent professionals, translators and interpreters are deeply embedded in institutional and commercial systems that require them to consume services, enter standardized contracts, and rely on regulatory frameworks administered by the state. As such, they constitute a revealing case study for examining how constitutional design affects professional service consumers in practice.

The Constitutional Structure of Consumer Protection in 2017
The 2017 Constitution addresses consumer protection through two distinct provisions: Section 46 and Section 61. Section 46, located in the chapter on rights and liberties, states in broad terms that “the rights of consumers shall be protected.” Notably, this provision does not specify the substantive content of those rights nor the mechanisms through which they may be enforced.

By contrast, Section 61 appears in the chapter on the duties of the state. It obliges the state to adopt measures ensuring consumer protection with respect to truthful information, safety, fairness in contractual relations, and other matters beneficial to consumers. The placement of these protections within the framework of state duties rather than individual rights represents a marked departure from earlier constitutions.

Under the 1997 and 2007 Constitutions, consumer rights were comprehensively located within the chapter on rights and liberties, allowing individuals to invoke constitutional protections directly when seeking remedies for unfair or harmful practices. The 2017 Constitution’s bifurcated approach thus signals a recalibration of the balance between individual entitlements and governmental discretion (McCargo, 2019).

The Removal of Complaint and Remedy Rights
One of the most consequential changes introduced by the 2017 Constitution is the omission of explicit guarantees relating to the right to lodge complaints and to obtain remedies for damages. While access to truthful information remains mentioned, it is reframed as an obligation of the state rather than as a directly enforceable consumer right.

From the perspective of constitutional theory, relocating a protection from the category of justiciable rights to that of state duties substantially alters its legal effect. Rights placed in the chapter on duties are typically programmatic in nature, requiring legislative or administrative implementation before they can be operationalized. As a result, individuals cannot readily invoke such provisions before the courts to hold private actors accountable (Tushnet, 2015).

Translators and Interpreters as Consumers of Services
Translators and interpreters occupy a hybrid position within contemporary service economies. While they supply professional linguistic services, they are simultaneously dependent on a wide range of services provided by both public and private entities. These include employment platforms, certification and registration schemes, training programs, digital tools, and administrative procedures governed by contractual terms and fee structures.

When consumer protections are weakened at the constitutional level, translators and interpreters face heightened vulnerability to incomplete or misleading information, unfair contractual conditions, and opaque regulatory practices. Under the 2017 constitutional framework, such professionals cannot directly invoke consumer rights to seek remedies against service providers. Instead, they must argue indirectly that the state has failed to fulfill its duty to establish adequate protective measures a strategy that is procedurally complex and legally uncertain (Muntarbhorn, 2020).

Structural Consequences for Access to Justice
The reconceptualization of consumer protection as a state duty rather than an enforceable right has broader implications for access to justice. It shifts the burden of protection away from individual agency and toward governmental discretion, thereby reducing the capacity of consumers to challenge unfair practices in a timely and effective manner.

This approach aligns with broader critiques of the 2017 Constitution, which has been characterized as prioritizing administrative control and institutional stability over the expansion of individual rights (Harding & Leyland, 2017). In this environment, professional communities such as translators and interpreters increasingly rely on collective mechanisms—professional associations, standard-form contracts, and self-regulatory frameworks—to compensate for the diminished role of constitutional guarantees.

Conclusion
This article demonstrates that while translators and interpreters continue to qualify as consumers under the 2017 Thai Constitution, the constitutional downgrading of consumer protection has significantly weakened their legal position. By removing explicit rights to lodge complaints and seek remedies and reclassifying key protections as state duties, the Constitution reduces the effectiveness of consumer protection as a tool for safeguarding professional service users.

The case of translators and interpreters illustrates a broader structural vulnerability affecting professional labor under contemporary constitutional arrangements in Thailand. Consumer protection, once conceived as a directly enforceable right, has been transformed into a policy objective contingent upon state action, leaving professional consumers with fewer constitutional tools to defend their interests.

References

• Harding, A., & Leyland, P. (2017). The constitutional system of Thailand: A contextual analysis. Hart Publishing.
• McCargo, D. (2019). Thailand’s constitutional politics. Routledge.
• Muntarbhorn, V. (2020). Human rights and constitutionalism in Southeast Asia. Oxford University Press.
• Tushnet, M. (2015). Advanced introduction to comparative constitutional law. Edward Elgar Publishing.
• Constitution of the Kingdom of Thailand B.E. 2540 (1997).
• Constitution of the Kingdom of Thailand B.E. 2550 (2007).
• Constitution of the Kingdom of Thailand B.E. 2560 (2017).

About Certified Translators, Translation Certifiers, and Certified Interpreters of SEAProTI
The Southeast Asian Association of Professional Translators and Interpreters (SEAProTI) has formally announced the qualifications and requirements for registration of Certified Translators, Translation Certification Providers, and Certified Interpreters in Sections 9 and 10 of the Royal Gazette, published by the Secretariat of the Cabinet, Office of the Prime Minister of Thailand, on 25 July 2024 (Vol. 141, Part 66 Ng, p. 100). Certified Translators, Translation Certification Providers, and Certified Interpreters
The Council of State has proposed the enactment of a Royal Decree, granting registered translators and recognised translation certifiers from professional associations or accredited language institutions the authority to provide legally valid translation certification (Letter to SEAProTI dated April 28, 2025)
SEAProTI is the first professional association in Thailand and Southeast Asia to implement a comprehensive certification system for translators, certifiers, and interpreters.
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การคุ้มครองสิทธิผู้บริโภคในรัฐธรรมนูญ พ.ศ. 2560: ผลกระทบต่อสถานะทางสิทธิของนักแปลและล่ามในฐานะผู้บริโภคบริการ

• Harding, A., & Leyland, P. (2017). The constitutional system of Thailand: A contextual analysis. Hart Publishing.
• McCargo, D. (2019). Thailand’s constitutional politics. Routledge.
• Muntarbhorn, V. (2020). Human rights and constitutionalism in Southeast Asia. Oxford University Press.
• Tushnet, M. (2015). Advanced introduction to comparative constitutional law. Edward Elgar Publishing.
• รัฐธรรมนูญแห่งราชอาณาจักรไทย พุทธศักราช 2540.
• รัฐธรรมนูญแห่งราชอาณาจักรไทย พุทธศักราช 2550.
• รัฐธรรมนูญแห่งราชอาณาจักรไทย พุทธศักราช 2560.