Distr.

GENERAL

CRC/C/15/Add.97
26 October 1998

Original: ENGLISH

Concluding observations of the
Committee on the Rights of the Child : Thailand.
26/10/98.

CRC/C/15/Add.97.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD

Nineteenth
Session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION

Concluding observations of the Committee
on the
Rights of the Child: Thailand

1. The Committee
considered the initial report of Thailand (CRC/C/11/Add.13) at its 493rd to
495th meetings (CRC/C/SR.493-495) on 1 and 2 October 1998, and adopted* the
following concluding observations. * At the 505th meeting, held on
9 October 1998.

A. Introduction

2. The Committee welcomes the submission of the State party's initial report
and the written replies to its list of issues (CRC/C/Q/THA/1). The Committee
notes the detailed and comprehensive structure of the report but regrets that it
does not fully follow the established guidelines. The Committee also notes the
constructive, open and frank dialogue it had with the delegation of the State
party, and the additional information it received during the discussion. The
Committee notes with appreciation the active participation of children and
non-governmental organizations in its dialogue with the State party.

B. Positive aspects

3. The Committee notes the State party's recent adoption of a new
Constitution (1997) which guarantees the promotion and protection of human
rights, including children's rights as recognized by the Convention, and calls
for the establishment of a national human rights committee charged with
monitoring human rights.

4. The Committee notes the recent efforts undertaken by the State party in
the field of law reform. In this regard, it welcomes the enactment of the
Amended Criminal Procedure Code concerning indecent acts committed against both
boys and girls; the Criminal Procedure Code concerning juvenile defendants below
the age of 18 years; the Act concerning Measures of Prevention and Suppression
of the Trafficking in Women and Children of 1997; the Prevention and Suppression
of Prostitution Act of 1996; the Occupational Training Promotion Act of 1993;
and the Labour Protection Act of 1998.

5. The Committee notes that the Eighth National Economic and Social
Development Plan (1997-2001) has given priority to human development, including
child protection and participation. In this regard, it welcomes the initiatives
to extend greater development opportunities to vulnerable and disadvantaged
groups and implement special monitoring systems in the area of child labour and
prostitution. The Committee also welcomes the State party's establishment of
indicators, including social indicators (basic minimum needs); indicators on
child and youth development; and indicators on child rights.

6. The Committee notes the cooperation between the State party and
non-governmental organizations, particularly in the preparation of the report,
and the current initiative to review policies and legislation to ensure
compliance with the Convention.

C. Factors and difficulties impeding the implementation
of the Convention

7. The Committee acknowledges that the current economic and social
difficulties facing the State party have had a negative impact on the situation
of children and have impeded the full implementation of the Convention. In
particular, it notes the high level of external debt, the requirements of the
structural adjustment programme and the increasing level of unemployment and
poverty.

D. Subjects of concern and Committee
recommendations

8. While noting with appreciation that the State party has withdrawn its
reservation with respect to article 29 of the Convention, the Committee is
concerned at the remaining reservations (to arts. 7 and 22), made by the State
party upon ratification of the Convention. In this regard, the Committee notes
that the State party has recently (1997) ratified without reservation the
International Covenant on Civil and Political Rights, and wishes to draw
attention in particular to the provisions of articles 2 and 24 of the Covenant.
In the light of the Vienna Declaration and Programme of Action of 1993 and the
recent ratification of the International Covenant on Civil and Political Rights,
the Committee encourages the State party to consider the possibility of
reviewing its reservations with a view to withdrawing them.

9. The Committee notes that the State party has developed a substantive
legislative framework. It is concerned, however, that domestic legislation still
does not fully reflect the principles and provisions of the Convention. The
Committee recommends that the State party undertake a review of its domestic
legislation to ensure full conformity with the principles and provisions of the
Convention. In this regard, the Committee also encourages the State party to
consider the possibility of enacting a comprehensive code for children.

10. While the Committee notes the establishment of the Corrupt Practices
Commission, the need to strengthen law enforcement and combat corrupt practices
in all areas covered by the Convention is still of particular concern to the
Committee. The Committee therefore recommends that the State party take all
appropriate measures, including training, to strengthen law enforcement and
prevent corrupt practices.

11. While noting the efforts of the National Youth Bureau to facilitate the
coordination of child rights issues, the Committee is concerned that involvement
and coordination at the local level is still somewhat limited. The Committee
recommends that the State party adopt a comprehensive approach to the
implementation of the Convention by, inter alia, decentralizing the
process of promoting and protecting children's rights. The Committee also
recommends that further steps be taken by the State party to strengthen
coordination through the National Youth Bureau, particularly at the local level.

12. While noting the development of indicators for monitoring the
implementation of the Convention, the Committee is still concerned that the
current data-collection mechanism is insufficient to ensure the systematic and
comprehensive collection of disaggregated quantitative and qualitative data for
all areas covered by the Convention in relation to all groups of children in
order to monitor and evaluate progress achieved and assess the impact of
policies adopted with respect to children. The Committee recommends that the
system of data collection be reviewed with a view to incorporating all the areas
covered by the Convention. Such a system should cover all children up to the age
of 18 years, with specific emphasis on those who are vulnerable, including
economically exploited children, children of single-parent families, children
born out of wedlock, institutionalized children and children of nomadic and hill
tribe communities.

13. The Committee expresses concern at the absence of an independent
mechanism to register and address complaints from children concerning violations
of their rights under the Convention. The Committee suggests that an independent
child-friendly mechanism be made accessible to children to deal with complaints
of violations of their rights and to provide remedies for such violations. The
Committee also suggests that the State party institute an awareness-raising
campaign to facilitate the effective use by children of such a mechanism.

14. The Committee takes note of the State party's increased social
expenditure allocations, even in difficult economic circumstances. The Committee
remains concerned, however, that in the light of article 4 of the Convention,
not enough attention has been paid to making budgetary allocations in favour of
children "to the maximum extent of (...) available resources". In the light of
articles 2, 3, and 6 of the Convention, the Committee encourages the State party
to pay particular attention to the full implementation of article 4 of the
Convention by prioritizing budgetary allocations to ensure implementation of the
economic, social and cultural rights of children, to the maximum extent of
available resources and, where needed, within the framework of international
cooperation.

15. While recognizing the efforts of the State party to promote awareness of
the principles and provisions of the Convention, the Committee remains concerned
that professional groups, children and the public at large are generally not
sufficiently aware of the Convention. The Committee recommends that greater
efforts be made to ensure that the provisions of the Convention are widely known
and understood by adults and children alike, residing in both rural and urban
areas. In this regard, it recommends that the Convention be translated into and
made available in all minority or indigenous languages. The Committee also
recommends the appropriate, systematic training and/or sensitization of
professional groups working with and for children, such as judges, lawyers, law
enforcement personnel, military officers and personnel, teachers, school
administrators, health personnel, including psychologists, social workers,
officials of central or local administration and personnel of child-care
institutions. The Committee encourages the State party to take measures to raise
awareness among the media and the public at large concerning the rights of the
child. It suggests that the State party seek to ensure that the Convention is
fully integrated into school and university curricula. In this regard, the
Committee also suggests that the State party seek technical assistance from,
inter alia, the Office of the High Commissioner for Human Rights and
UNICEF.

16. The Committee expresses its concern at the low minimum legal age for
criminal responsibility. It is also concerned that no legal age is established
for the attainment of majority. The Committee recommends that the State party
review its legislation in order to bring it into conformity with the provisions
of the Convention.

17. The Committee wishes to express its concern that the State party does not
appear to have fully taken into account the provisions of the Convention,
especially the general principles reflected in its articles 2
(non-discrimination), 3 (best interests of the child), 6 (right to life,
survival and development) and 12 (respect for the views of the child), in its
legislation, its administrative and judicial decisions, or its policies and
programmes relevant to children. It is the Committee's view that further efforts
must be undertaken to ensure that the principles of the Convention, in
particular the general principles, not only guide policy discussion and
decision-making, but also are appropriately reflected in any legal revisions or
judicial and administrative decisions, and in the development and implementation
of all projects and programmes which have an impact on children.

18. The Committee acknowledges the efforts made by the State party to reach
vulnerable groups. The Committee is still concerned, however, that the measures
adopted to ensure that all children are guaranteed access to education and
health services and are protected against all forms of exploitation are
insufficient. Of particular concern are certain vulnerable groups of children,
including girls, children with disabilities, children belonging to minorities
including hill tribes, children living in rural areas, children living in
poverty, children living and/or working on the streets and asylum seeking
children, illegal-immigrant children, children in the juvenile justice system
and children born out of wedlock. The Committee recommends that the State party
increase its efforts to ensure implementation of the principle of
non-discrimination and full compliance with article 2 of the Convention,
particularly as it relates to vulnerable groups.

19. While the Committee notes the efforts made by the State party to
encourage the participatory rights of children, it is concerned that traditional
practices, culture and attitudes still limit the full implementation of article
12 of the Convention. The Committee recommends that the State party seek to
develop a systematic approach to increasing public awareness of the
participatory rights of children and encourage respect for the views of the
child within the family, as well as within the school, care and judicial
systems.

20. The Committee notes that the State party has enacted legislation to
guarantee registration at birth (the Registration of Inhabitants Act), but is
concerned that many children are still not registered, particularly those living
in nomadic and hill tribe communities. In the light of article 7 of the
Convention, the Committee recommends that the State party increase its efforts
to raise awareness among government officers, community leaders and parents to
ensure that all children are registered at birth. The Committee also encourages
the State party to adopt measures to regularize the situation of hill tribe
children and provide them with documentation to guarantee their rights and
facilitate their access to basic health, education and other services.

21. The Committee notes the State party's efforts to prohibit the use of
corporal punishment in schools. It is concerned, however, that corporal
punishment is still practised and that domestic legislation does not prohibit
its use within the family, the juvenile justice and alternative care systems and
generally within the society. In this regard, the Committee recommends that the
State party take all appropriate measures, including of a legislative nature, to
prohibit corporal punishment within the family, the juvenile justice and
alternative care systems and generally within the society. It further suggests
that awareness-raising campaigns be conducted to ensure that alternative forms
of discipline are administered in a manner consistent with the child's human
dignity and in conformity with the Convention, especially article 28.2.

22. The Committee notes the establishment by the State party of a programme
to encourage the reinforcement of the family environment and to strengthen
parenting skills among both parents. The Committee remains concerned, however,
at the high rate of abandonment of children, especially children born out of
wedlock and children of poor families. In this regard, the Committee also
expresses concern at the lack of adequate alternative care facilities and
qualified personnel in this field. The Committee recommends that the State party
increase its efforts to provide support, including training, for parents, to
discourage the abandonment of children. It is also recommended that the State
party develop additional programmes to facilitate alternative care, including
foster care, provide additional training for social and welfare workers and
establish independent complaint and monitoring mechanisms for alternative care
institutions.

23. The Committee notes the efforts by the State party to provide protection
to child victims. However, the lack of awareness and information on domestic
violence, the ill-treatment and abuse of children, including sexual abuse - both
within and outside the family - the lack of appropriate resources - both
financial and human - and the lack of adequately trained personnel to prevent
and combat abuse remain matters of concern. In the light of article 19, the
Committee recommends that the State party undertake studies on domestic
violence, ill-treatment and abuse, including sexual abuse, to understand the
scope and nature of the phenomenon, in order to adopt adequate measures and
policies and contribute to changing traditional attitudes. It also recommends
that cases of domestic violence and ill-treatment and abuse of children,
including sexual abuse within the family, be properly investigated within a
child-friendly judicial procedure, that sanctions be applied to perpetrators and
that publicity be given to decisions taken in such cases, due regard being given
to protecting the right to privacy of the child. Measures should also be taken
to ensure the provision of support services to children in legal proceedings,
the physical and psychological recovery and social reintegration of victims of
rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance
with article 39 of the Convention, and prevention of the criminalization and
stigmatization of victims.

24. While the Committee notes the efforts of the State party to reduce the
child and infant mortality rates, it is still concerned at the persistence of
poor breastfeeding practices and the high rate of malnutrition. The Committee
encourages the State party to develop comprehensive policies and programmes to
promote and improve breastfeeding practices, to prevent and combat malnutrition,
especially among vulnerable and disadvantaged groups of children, and consider
seeking technical assistance for the integrated management of childhood
illnesses and other measures for child health improvement from, inter
alia, UNICEF and WHO.

25. The Committee is particularly concerned over the absence of data on
adolescent health, including on teenage pregnancy, abortion, suicide, accidents,
violence, substance abuse and HIV/AIDS. In this regard, the Committee recommends
that the State party increase its efforts to promote adolescent health policies
and strengthen reproductive health education and counselling services. The
Committee further suggests that a comprehensive and multidisciplinary study be
undertaken on adolescent health problems, including the special situation of
children infected with, affected by or vulnerable to HIV/AIDS and sexually
transmitted diseases. Additionally, it is recommended that the State party
undertake further measures, including the allocation of adequate human and
financial resources, to develop youth-friendly care and rehabilitation
facilities for adolescents.

26. The Committee is concerned that the State party has not yet fully
implemented the Rehabilitation of the Disabled Act of 1991. In this regard, the
Committee also expresses its concern at the lack of adequate facilities and
services for persons with disabilities, including children. In the light of the
Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (General Assembly resolution 48/96), the Committee recommends that
the State party develop early identification programmes to prevent disabilities,
implement alternatives to the institutionalization of children with
disabilities, establish special education programmes for children with
disabilities and encourage their inclusion in society. The Committee further
recommends that the State party seek technical cooperation for the training of
professional staff working with and for children with disabilities.
International cooperation from, inter alia, UNICEF and WHO can be sought
to this effect.

27. While the Committee notes the high rate of school enrolment, particularly
at the primary level, and the recent initiative to establish additional schools
in rural communities, it is still concerned that some children, particularly
those living in poverty and in nomadic and hill tribe communities, do not have
access to education. In the light of the recent economic constraints, the
Committee is also concerned at the number of children, particularly girls,
leaving school prematurely to engage in labour. The Committee recommends that
all appropriate measures be taken to provide equal access to education for all
children in Thailand. The Committee further recommends that the State party seek
to implement additional measures to encourage children, particularly girls and
children from poor and hill tribe families, to stay in school, and to discourage
early employment.

28. The Committee notes the efforts of the State party to ensure protection
and humanitarian assistance to displaced children. The Committee expresses its
concern, however, that the legal framework for protection of unaccompanied and
asylum seeking children remains unclear. It is also concerned at the situation
of children deprived of their liberty placed in immigration detention centres,
especially in view of the lengthy detention periods. The Committee recommends
clarification of the State party's legislative framework to ensure adequate
protection of unaccompanied and asylum seeking children, including in the field
of physical safety, health and education. Procedures should also be established
to facilitate family reunification. All appropriate measures should be taken by
the State party to avoid the placement of asylum seeking children in immigration
detention centres. The State party may consider seeking assistance from UNHCR in
this regard. The Committee also suggests that the State party consider ratifying
the 1951 Convention relating to the Status of Refugees and its 1966 Protocol,
the 1954 Convention relating to the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness.

29. While welcoming the recent adoption of the Labour Protection Act of 1998,
in which the minimum legal age for access to work has been increased from 13 to
15 years, the Committee remains concerned at the high rate of economic
exploitation, as well as at the increasing number of children leaving school,
sometimes at an early age, to work to support themselves and their families. In
this regard, the Committee encourages the State party to introduce monitoring
mechanisms to ensure enforcement of labour laws. The Committee also suggests
that the State party consider ratifying ILO Convention No. 138 concerning the
minimum age for admission to employment.

30. The Committee expresses concern at the continuing high rate of sexual
abuse of children, including child prostitution and trafficking and sale of
children, which affects both girls and boys. In this regard, the Committee
recommends that measures be taken, on an urgent basis, to strengthen law
enforcement and to implement the State party's national programme of prevention.
Further, the State party should seek to step up its efforts to implement an
awareness-raising campaign and a thorough monitoring system at the community
level. Rehabilitation within, as well as outside of, institutions should be
further enhanced. In an effort to combat effectively intercountry trafficking
and sale of children, the Committee suggests that the State party increase its
efforts in the area of bilateral and regional agreements with neighbouring
countries to facilitate the repatriation of trafficked children and encourage
their rehabilitation, including within the framework of the regional Mekong
Conference on Migration. The Committee urges the State party to continue
implementing the recommendations formulated in the Agenda for Action adopted at
the 1996 Stockholm World Congress against Commercial Sexual Exploitation of
Children. It also recommends that the State party envisage ratifying the 1949
Convention for Suppression of the Traffic in Persons and of the Exploitation of
the Prostitution of Others.

31. While the Committee notes that the State party has enacted legislation
relating to the establishment of juvenile courts, it is still concerned at the
general situation with regard to the administration of juvenile justice and in
particular its compatibility with the Convention, as well as other relevant
United Nations standards. The Committee is particularly concerned that the
juvenile justice system is not implemented throughout the State party. The
Committee is also concerned at reported cases of ill-treatment of children by
law enforcement personnel. The Committee recommends that the State party
consider taking additional steps to reform the system of juvenile justice in the
spirit of the Convention, in particular articles 37, 40 and 39, and of other
United Nations standards in this field, such as the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules),
the United Nations Guidelines for the Prevention of Juvenile Delinquency (the
Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty. Particular attention should be paid to considering
deprivation of liberty only as a measure of last resort and for the shortest
possible period of time, to protecting the rights of children deprived of their
liberty and to expanding the juvenile justice system to ensure full coverage
throughout the State party. Training programmes on relevant international
standards should be organized for all professionals involved with the system of
juvenile justice. The Committee also recommends that the State party consider
ratifying the Convention against Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment. The Committee suggests that the State party consider
seeking technical assistance from, inter alia, the Office of the High
Commissioner for Human Rights, the Centre for International Crime Prevention,
the International Network on Juvenile Justice and UNICEF, through the
Coordination Panel on Technical Advice in Juvenile Justice.

32. The Committee notes the recommendations proposed by the State party in
its initial report regarding the implementation of the Convention. The Committee
encourages the State party to implement the proposed recommendations.

33. Lastly, the Committee recommends that, in the light of article 44,
paragraph 6, of the Convention, the initial report and written replies presented
by the State party be made widely available to the public at large and that
consideration be given to publishing the report, along with the relevant summary
records and the present concluding observations of the Committee. Such a
document should be widely distributed in order to generate debate on and
awareness of the Convention and its implementation and monitoring within the
Government and the general public, including non-governmental organizations.

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