Committee on the Rights of the Child
Fifty-ninth session
16 January – 3 February 2012
Consideration of reports submitted by States parties under article 44 of the Convention
Concluding observations: Thailand
1.TheCommittee considered the third and fourth periodic report of Thailand (CRC/C/THA/3-4) at its 1682ndand 1683rd meetings (CRC/C/SR. 1682 and 1683), held on 24 and 25 January 2012, and adopted, at its 1697thmeeting, held on 3 February 2012(seeCRC/C/SR.1697)the following concluding observations.
Introduction
2.TheCommittee welcomes the submission of the State party’s third and fourth periodic report as well as the written replies to its list of issues andcommends their frank nature which allows a better understanding of the situation of children in the State party. The Committee appreciatesthe open, frank and fruitful dialogue held with the high-level and multi-sectoral delegation.
3.TheCommittee reminds the State party that the present concluding observations should be read in conjunction with its concluding observations adopted on the State party’s initial reports under the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/THA/CO/1, 2012) and under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/THA/CO/1, 2012).
I.Follow-up measures and progress achieved by the State party
4.The Committee welcomes a number of positive developments in the reporting period, including the adoption of legislative measurestaken with a view to implementing the Convention, such as:
(a)The Child Adoption Act (No.3) of 2010;
(b)The Juvenile Family Court and its Procedure Act of 2010;
(c)The Anti-Trafficking in Persons Act of 2008
(d)The Civil Registration Act of 2008;
(e)The Domestic Violence Victim Protection Act of 2007,
(f)The Persons with Disabilities’ Quality of Life Promotion Act of 2007;
(g)The National Child and Youth Development Promotion Act of 2007.
5.The Committee notes with appreciation the ratification or accession to the following human rights instruments:
(a)Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict on 27 February 2006;
(b)Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography on 11 January 2006;
(c)Convention on the Rights of Persons with Disabilities on 29 July 2008;
(d)Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 2 October 2007.
6.The Committee also welcomes and commends the adoption of policies and programmes that promote the rights and wellbeing of children , including:
(a)The National Plan and Policy on the Prevention, Suppression and Combating Domestic and Transnational Trafficking in Children and Women 2012-2016;
(b)The National Agenda for Children and Adolescents in 2008;
(c)The National Child and Youth Development Plan for 2007-2016.
II.Main areas of concern and recommendations
A.General measures of implementation
(arts. 4, 42 and 44, para. 6 of the Convention)
The Committee’s previous recommendations
7.The Committee, while welcoming the State party’s efforts to implement the concluding observations on the State party’s second periodic report (CRC/C/THA/CO/2 of 2006), notes with regret that a number of the recommendations contained therein have not been given sufficient follow-up.
8.The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations on the State party’s second periodic report that have not yet been, or not sufficiently, implemented, including on such issues as data collection, non-discrimination, nationality, protection of privacy, corporal punishment in the home, alternative care, children in prison with their mothers, adolescent health, refugee and asylum seeking children, children of migrant workers, child labour and juvenile justice. The Committee also urges the State party to provide adequate follow up to the recommendations contained in the present concluding observations.
Reservations
9.The Committee welcomes the withdrawal by the State party of its reservation concerning article 7 of the Convention in December 2010. The Committee regrets, however, that the State party has not withdrawn its reservation concerning article 22.
10.The Committee recommends that the State party withdraw its reservation under article 22 of the Convention and take all necessary measures to protect the rights and assist all asylum seeking and refugee children in the country.
Legislation
11.The Committee welcomes the adoption of several pieces of legislation in the area of child rights, mentioned in paragraph 4 of the present document, which contribute to the harmonization of national law with the principles and provisions of the Convention. It also welcomes the establishment of a Sub-committee under the National Child and Youth Commission with the aim of further revising the existing laws to be in conformity with the Constitution and the Convention. Nevertheless, the Committee is deeply concerned at the weakness and inadequacy in actual enforcement and implementation. It is particularly concerned that the Child Protection Act of 2003 has not since been reviewed and lacks implementation and guidelines on roles and responsibilities of various agencies from central to local levels.
12.The Committee recommends that the State party take measures to continue revising the existing laws to be in conformity with the principles and provisions of the Convention. It further urges the State party to take appropriate measures to ensure the full and effective implementation of its national legislation at all levels and to review the Child Protection Act of 2003 and provide clear guidelines for its implementation in order to better protect the rights of the child.
Coordination
13.The Committee notes that the Ministry of Social Development and Human Security (MSDHS) is the key agency responsible for coordinating and following up on the implementation of the Convention. The Committee regrets, however, that policies on child rights and their practical implementation are designated to different agencies within the MSDHS and to numerous committees established under different Acts, thus creating fragmentation at the policy level and implementation bottlenecks from central to local levels. The Committee is further concerned that there is no comprehensive policy on child rights to guide the development of programmes and projects and their monitoring and evaluation systems.
14.The Committee recommends that the State party ensure better coordination among the various agencies and committees working on developing and implementing child rights policies, including the ones that are under the Ministry of Social Development and Human Security. The Committee further recommends that the State party designate a unit capable of providing leadership and effective general oversight for the monitoring of implementation and evaluation of activities on child rights, across sectoral ministries and from the central to local government levels. In that regard, the Committee recommends that the State party formulate a comprehensive policy on child rights to guide the development of programmes and projects and establish their monitoring and evaluation systems.
National Plan of Action
15.The Committee, while noting the adoption of a National Child and Youth Development Plan for 2012-2016 and a National Agenda for Children and Adolescents in 2008, regrets the lack of information concerning the evaluation of the previousNational Policy and Strategic Plan for Child Development 2007-2016 at mid-term. It is also concerned that the new Plan covers both children and youth up to the age of 25 years and does not provide adequate and well-focussed framework for the realization of children’s rights as set forth in the Convention.
16.The Committee recommends that the State party provide the results of the review and evaluation of the National Policy and Strategic Plan for Child Development 2007-2016 and ensure that the new plan provides adequately for the realisation of all rights of children contained in the Convention. The Committee also recommends that this plan of action should focus specifically on children under the age of 18 years and be in coordination with sectoral plans of action and the 11th National Economic and Social Development Plan.
Independent monitoring
17.While noting the State party’s information that the National Human Rights Commission is operational and accessible to children and the general public, the Committee is concerned about the limited access for children and opportunities for them to make complaints as well as the absence of a special unit for children with an adequate number of experts and trained personnel. The Committee is also concerned that the Commission has no regional offices.
18.The Committee recommends that the State party take measures to improve awareness raising on the Commission among the public, especially children and to increase knowledge of the Commission’s work. It urges the State party to establish a special unit for children that is easily accessible and provide it with necessary human, technical and financial resources to be able to receive complaints and better address violations of children’s rights, with appropriate confidentiality. It recommends that the State party establish regional offices in order to strengthen the work of the Commission throughout its territory.
Allocation of resources
19.The Committee notes the State party’s information related to the 2010-2011 budget allocations to the MSDHS under various categories and to basic education. However, it regrets the lack of further details on budgetary allocations to other sectors and areas for implementation of the full range of children’s rights. The Committee is concerned that the low ratio of 0.5% of the national budget allocated to the MSDHS has not changed for several years to enable the coordinating agency for children’s rights to carry out its functions effectively.
20.The Committee recommends that the State party in planning its future budgets take into account its recommendations during the Day of General Discussion in 2007 on “Resources for the Rights of the Child - Responsibility of States” and specifically:
(a)Allocate adequate budgetary resources to the maximum extent possible of the available resources in accordance with article 4 of the Convention for the implementation of the rights of children and in particular increase the budget allocated to the social sectors;
(b)Build capacity to utilize a child rights approach in the elaboration of the national budget and implement a tracking, monitoring and evaluation system for the allocation and the use of resources for children by all relevant sectors and agencies at local level throughout the budget, thus providing visibility to the investment on children. The Committee also urges that this tracking system is used for impact assessments on how investments in any sector or local level may serve the best interests of the child, ensuring that the differential impact of such investment on girls and boys is measured;
c)Conduct a comprehensive assessment of budget needs and establish clear allocations for those areas that progressively address the inequalities and disparities in indicators such as gender, disability, health, education, standard of living and geographical location related to children’s rights;
d)Define general strategic budgetary lines, and sectoral and local government allocations for children in disadvantaged or vulnerable situations that may require temporary social measures, including affirmative action, and make sure that those budgetary lines and allocations are protected even in situations of economic crisis, natural disasters or other emergencies.
Corruption
21.While noting as positive the efforts made by the State party to combat corruption, the Committee is concerned about the reports indicating that corruption remains pervasive among, inter alia, municipal and local government officials and law enforcement personnel, and thus diverts resources that could enhance the efficacy of government policies and programmes to implement the rights of the child.
22.The Committee urges the State party to strengthen its efforts to combat corruption at all levels and sectors, including by developing and implementing a vigorous anti-corruption policy, carrying out anti-corruption campaigns and strengthening institutional capacities to effectively detect, investigate and prosecute cases of corruption.
Data collection
23The Committee notes the establishment of the National Information Centre and the National Statistical Office, which maintain data in some areas of children’s rights and a database on children with disabilities. However, it is concerned that there is no effective system of data collection covering all areas of the Convention, which would allow for assessment, analysis and evaluation of the data and information on laws, policies, plans and programmes for children based on the Convention.
24. The Committee urges the State party to build the capacity and establish a comprehensive data collection system capable of analyzing and evaluating data on progress achieved in the realization of child rights and providing a basis for designing policies and programmes to implement the Convention. The data should be disaggregated by age, sex, geographic location, ethnicity and socio-economic background of all children.
Dissemination and awareness raising
25.The Committee is concerned about the lack of a systematic and sustained programme of public education including campaigns on children’s rights to continuously raise the awareness of the public at large, including children and their families.
26.The Committee recommends that the State party take necessary measures to implement appropriate information and communication programmes, including campaigns, to strengthen awareness of the public, including children, on the principles and provisions of the Convention. The Committee encourages theState party to intensify its efforts to disseminate the Convention to parents, the wider public and children, including through appropriate materials tailored specifically for children in different socioeconomic and sociocultural communities, as well as to legislators and judges with a view to ensuring that the principles and provisions of the Convention are applied in the legislative and judicial processes. In this regard, the Committee further encourages the State party to seek technical assistance from, among others, UNICEF, OHCHR and International Parliamentarian Union.
Training
27.While noting that the State party organizes several trainings for law-enforcement officials, local government and judiciary on human rights and child rights in particular, it remains concerned that such trainings are not systematic and are not included in the core curriculum of regular professional development programmes.
28.The Committee recommends that all professional groups working with and for children be adequately and systematically trained on children’s rights, in particular judges, lawyers, the police and the army, health, education and social welfare personnel and personnel working in all forms of alternative care at national, provincial and local levels.
Child rights and the business sector
29.The Committee welcomes the State party’s information that business and industry contribute resources and facilities to social welfare including healthcare and education of children. The Committee is however concerned that the impact on children of business and fast growing heavy industries, manufacturing, textiles and export agriculture has not been fully assessed. The Committee is particularly concerned that, while tourism constitutes a large part of the country’s economy, the State party has not yet adopted comprehensive measures to protect children from violations of their rights, such as in child sex tourism, child prostitution, child pornography and child labour, arising from tourist activities and facilities. The Committee also regrets the lack of legal institutional framework to regulate the activities of companies doing business in Thailand and of Thai companies operating abroad to ensure effective responses to issues of health and nutrition, economic and sexual exploitation, pollution and environmental degradation that can undermine the wellbeing of children.
30.In light of the Human Rights Council Resolution 8/7 of 2008 adopting the report ¨Protect, Respect and Remedy¨ Framework and of the Human Rights Council Resolution 17/4 of 16 June 2011 requesting the new Working Group to follow-up on this matter, both of which note that the rights of the child be included when exploring the relationship between business and human rights, the Committee recommends that the State party:
(a)Provide a legislative framework, including Codes of Conduct, that require companies domiciled in Thailand, with particular attention to tourism industries, to adopt measures to prevent and mitigate adverse human rights impacts in their operations in the country and abroad.
(b)Promote the inclusion of child rights indicators and parameters for reporting and provide specific assessments of impacts of business and industry on child rights;
(c)Take measures to ensure that its companies respect child rights in its territory and when engaging in projects abroad and that appropriate remedies, including reparations are pursued in cases of violations; and
(d)Ensure that prior to the negotiation and conclusion of free trade agreements, human rights assessments, including child rights, are conducted and measures adopted to prevent violations.
B.Definition of the child (art. 1 of the Convention)
31.While welcoming that the legal minimum age of marriage is 17 years for both boys and girls, the Committee expresses concern that this age limit can be lowered to 13 years in cases where children are sexually abused and may consequently marry the perpetrators, who in turn avoid any criminal prosecution for the crime.
32.The Committee recommends that the State party consider raising the minimum age of marriage to 18 years and maintain it under all circumstances, in particular in cases where children have been sexually abused. It recommends that the State party prosecute and punish perpetrators of sexual abuse against children without any exceptions.
C.General principles (arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
33.The Committee notes the measures that are being taken to eliminate to some extent the disparities in access to education and health as well as special measures taken concerning children in the disadvantaged North-East and South of the country. Nevertheless, the Committee expresses concern that the efforts are insufficient to eradicate both direct and indirect discrimination against children, particularly with respect to the girl child, children with disabilities, children of indigenous, religious or ethnic minority communities, children of refugees and asylum seekers, children of migrant workers, children in street situations, children living in rural areas, and children living in poverty. The Committee remains deeply concerned about regional disparities, especially in the North-East and South, regarding access to social, health and educational services for children.
34.The Committee reiterates its previous recommendations. (CRC/C/THA/CO/2, paras 25-26) and urges the State party to take more effective measures to: