THAILAND: Children's Rights in UN Treaty Bodies Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purposes of clarity.

• UN Human Rights Committee
• UN Committee on the Elimination of Discrimination against Women
• UN Committee against Torture
• UN Committee on Economic, Social and Cultural Rights
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

 

CCPR/C/THA/CO/2

Adopted by Commmittee: 23 March 2017

Published: 25 April 2017

Issues Raised:

Ratification:

The Committee welcomes the adoption of the The Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in 2012 (para. 4).

Trafficking and Forced Labour

The Committee is concerned about reports on child labour and the exploitation of vulnerable people, such as irregular migrants and indigenous peoples. It is further concerned about reports of victims of trafficking being deported without effective screening for their protection needs and about the premature collection of their testimonies in order to facilitate prompt deportation (art. 7, 8 and 24) (para. 23).

The State party should strengthen its efforts to effectively combat trafficking in persons and forced labour, inter alia, by: (a)  strengthening preventive measures; (b) increasing victim identification, systematically investigating allegations and complaints; and prosecuting and punishing those responsible; and (c) providing victims effective protection, assistance and remedies to victims, including strengthening its screening and testimony collections processes (para. 24).

Persons deprived of Liberty:

The Committee is concerned about reports of children being detained and separated from their relatives; without access to school and placed in cells with adult detainees with risk of physical and sexual abuse (arts. 2, 6, 9, 10, 24 and 26) (para. 29).

The State party should ensure that children are not deprived of liberty except as a measure of last resort and for the shortest appropriate period of time, taking account their best interests as a primary concern, and keeping them segregated from adult detainees who are not their family members; and Ensure the living conditions in Immigration Detention Centres are in compliance with the Covenant (para. 30).

Statelessness:

While acknowledging the progress made by the State party since the adoption of the Civil Registration Act of 2008, its regulations on birth and late registration of children, and its engagements to eliminate statelessness by 2024, the Committee is still concerned about the high numbers of stateless people, in particular among indigenous peoples and ethnic minorities, with detrimental impacts on access to basic services such as education for children, and an increased vulnerability to criminal networks of trafficking and prostitution (art. 2, 24, 26 and 27) (para. 41).

The State party should strengthen its efforts to reduce statelessness, and in particular: Ensure that rural and isolated populations are informed on and have access to the procedures relating to the acquisition of nationality; Ensure the promotion and protection of rights of stateless persons and in particular provide primary education to children and protection against trafficking. (para. 42).

(CCPR/CO/84/THA)

Last reported: 19 and 20 July 2005
Concluding Observations adopted: 28 July 2005

Concerns Raised:

• Death penalty: The Committee notes with concern that the death penalty is not restricted to the "most serious crimes" within the meaning of article 6, paragraph 2, and is applicable to drug trafficking. The Committee regrets that, despite the amendment in 2003 of the Penal Code, which prohibits imposition of the death penalty on persons below 18 years of age, the State party has not yet withdrawn its declaration to the Covenant on article 6, paragraph 5 (art. 6).

  The Committee urges the State party to:

  (a) Review the imposition of the death penalty for offences related to drug trafficking in order to reduce the categories of crime punishable by death. The State party should also consider the withdrawal of its declaration on article 6, paragraph 5, of the Covenant. (Paragraph 14)

• Detention: The Committee is concerned at the overcrowding and general conditions of places of detention, particularly with regard to sanitation and access to health care and adequate food. The Committee is also concerned that the right of detainees of access to lawyers and members of the family is not always observed in practice. The Committee considers the duration of detention before a person is brought before a judge to be incompatible with the requirements of the Covenant. The Committee deplores the continued shackling of death row prisoners and reports of prolonged solitary confinement. Pretrial detainees frequently are not segregated from convicted prisoners. Furthermore, the Committee is concerned at the significant number of women in the prison population and the fact that juveniles are often held in adult cells (arts. 7, 10 and 24).

  The Committee urges the State party to:

  (a) Bring prison conditions into line with the United Nations Standard Minimum Rules for the Treatment of Prisoners as a matter of priority. The State party should guarantee the right of detainees to be treated humanely and with respect for their dignity, particularly with regard to hygienic conditions, access to health care and adequate food. Detention should be viewed only as a last resort, and provision should be made for alternative measures. The use of shackling and long periods of solitary confinement should be stopped immediately. Special protection should be provided for juveniles, including their compulsory segregation from adults. (Paragraph 16)

• Asylum-seekers: While acknowledging the delegation's assurances that the Provincial Admission Board is in the process of being established, the Committee notes with concern the lack of a systematic adjudication procedure for asylum-seekers. The Committee is also concerned that the relocation plan of March 2005 requires all refugees from Myanmar in the State party to move to the camps along the border and that those who do not comply will be considered illegal migrants and will face forcible deportation to Myanmar. Furthermore, the Committee is concerned about the deplorable situation of the Hmong people in Petchabun Province, the majority of them women and children who are not considered refugees by the State party and are facing imminent deportation to a State where they fear they will be persecuted. Finally, the Committee notes with concern that the current screening and expulsion procedures contain no provisions guaranteeing respect for the rights protected by the Covenant (arts. 7 and 13).

  The Committee urges the State party to:

  (a) Establish a mechanism to prohibit the extradition, expulsion, deportation or forcible return of aliens to a country where they would be at risk of torture or ill-treatment, including the right to judicial review with suspensive effect. The State party should observe its obligation to respect a fundamental principle of international law, the principle of non-refoulement. (Paragraph 17)

• Trafficking: Notwithstanding the serious efforts undertaken by the State party to address the issue of trafficking in persons, including the establishment in March 2005 of the National Committee on Prevention and Suppression of Human Trafficking, and while welcoming the planned enactment of the new law on human trafficking, the Committee remains concerned that Thailand is a major country of origin, transit and destination for trafficking in persons for purposes of sexual exploitation and forced labour. The Committee is also concerned that child prostitution remains widespread. The Committee notes with concern that certain groups are at a particularly higher risk of being sold, trafficked and exploited, i.e. street children, orphans, stateless persons, migrants, persons belonging to ethnic minorities and refugees/asylum-seekers (arts. 8 and 24).

  The Committee urges the State party to:

  (a) Continue and strengthen its measures to prosecute and punish trafficking and to adequately protect the human rights of all witnesses and victims of trafficking, in particular by securing their places of refuge and opportunities to give evidence. The State party should enact the Suppression of Human Trafficking Bill without delay. (Paragraph 20)

• Child labour: The Committee is concerned about the significant proportion of children, often stateless or of foreign nationality, in the State party who engage in labour and, as explained by the delegation, are often victims of trafficking (arts. 8 and 24).

  The Committee urges the State party to:

  (a) Strengthen the enforcement of the existing legislation and policies against child labour. Victims of trafficking must be afforded adequate protection. The State party should make every effort, including preventive measures, to ensure that children who engage in labour do not work under conditions harmful to them and that they continue to have access to education. The State party should take action to implement policies and legislation for the eradication of child labour, inter alia through public-awareness campaigns and education of the public on the protection of the rights of children. (Paragraph 21)

• Statelessness: Notwithstanding the corrective measures taken by the State party, most notably through the Central Registration Regulations 1992 and 1996, to address the issue of statelessness among ethnic minorities, including the Highlanders, the Committee remains concerned that a significant number of persons under its jurisdiction remain stateless, with negative consequences for the full enjoyment of their Covenant rights, as well as the right to work and their access to basic services, including health care and education. The Committee is concerned that their statelessness renders them vulnerable to abuse and exploitation. The Committee is also concerned about the low levels of birth registration, especially among Highlander children. (arts. 2 and 24).

  The Committee urges the State party to:

  (a) Continue to implement measures to naturalise the stateless persons who were born in Thailand and are living under its jurisdiction. The State party should also review its policy regarding birth registration of children belonging to ethnic minority groups, including the Highlanders, and asylum-seeking/refugee children, and ensure that all children born in the State party are issued with birth certificates. (Paragraph 22)

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UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/THA/CO/6-7)

Last reported: 29 May 2015
Concluding observations issued: 21 July 2017

Positive Aspects

The Committee welcomes the progress achieved since the consideration in 2006 of the State party’s fifth periodic report (CEDAW/C/THA/CO/5) in undertaking legislative reforms, in particular the adoption of the Prevention and Solution of the Adolescent Pregnancy Problem Act, in 2016. (para. 4, a).

The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international instruments: the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in 2012; the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in 2006 (para. 5, b and e).

Stereotypes and harmful practices

The Committee reiterates its previous concern regarding the persistence of strong stereotypical attitudes about the roles and responsibilities of women and men in the family and in society (CEDAW/C/THA/CO/5, para.25), which undermine women’s social status and constitute a root cause of the disadvantaged position of women in many areas, including in the labour market and in political and public life. It also expresses concern at the persistence of harmful practices based on discriminatory social attitudes, particularly in rural and remote areas, such as female genital mutilation among Muslim communities in the Southern Border Provinces, and bride kidnapping (para. 18).

The Committee recommends that the State party criminalize female genital mutilation and conduct awareness raising campaigns, particularly in the Southern Border Provinces, on the adverse effects of such practices on women and girls, taking into account joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices (2014) (para. 19, c).

Gender-based violence against women

The Committee welcomes the efforts made by the State party to combat gender-based violence against women, including the revision of the definition of rape in Section 276 of the Criminal Code, as previously recommended by the Committee, as well as the launching of public campaigns and initiatives. Nevertheless, it remains concerned about: the high prevalence of gender-based violence against women and girls, in particular domestic violence and sexual violence; the fact that the Domestic Violence Victim Protection Act of 2007 provides for case settlement at every stage of the legal proceeding through reconciliation and mediation; the inadequate provision of essential services and support to victims of gender-based violence, especially victims of trafficking for sexual or labour exploitation, and victims of domestic violence (para. 20).

Recalling its general recommendation Nos.19 (1992) [and 35 (2017)] on gender-based violence against women, and its previous recommendations (CEDAW/C/THA/CO/5, para.24), the Committee recommends that the State party: systematically assess the impact of measures adopted to combat gender-based violence against women and girls, and to continue exploring and adopting innovative approaches to address the root causes of such violence, including those targeting men and boys; ensure that victims of domestic violence have adequate access to shelters, crisis centres, protection orders, as well as legal remedies instead of reconciliation and mediation; increase the availability, accessibility and quality of essential services and support to victims of gender-based violence, including legal assistance and access to appropriate health care services and psychosocial support; systematically collect data on gender-based violence against women and girls, disaggregated by age, ethnicity, geography, and relationship between victim and perpetrator (para. 21).

Trafficking

The Committee acknowledges the significant efforts made by the State party to prevent and combat trafficking in persons, including through legislative reforms to increase penalties for traffickers and to extend protection to victims and witnesses of trafficking. Nevertheless, it remains deeply concerned that the State party remains a source, destination, and transit country for trafficking in persons, in particular women and girls, for purposes of sexual and labour exploitation (para. 24).

The Committee recommends that the State party: take concrete and specific measures to address the root causes of trafficking in women and girls by improving the economic situation of women, as previously recommended by the Committee (CEDAW/C/THA/CO/5, para.28); ensure early detection and referral to appropriate services of women and girls who are victims of trafficking, including by providing systematic training to all relevant law enforcement officials on the effective implementation of the new guidelines on victim identification; ensure rehabilitation and social integration of victims, including by providing them effective protection, assistance and remedies, and providing financial and other forms of support to civil society organizations assisting women who are victims of trafficking; ensure that women who are victims of trafficking are exempted from any liability and provided with adequate protection, such as witness protection programmes and temporary residence permits, irrespective of their ability or willingness to cooperate with the prosecutorial authorities; ensure that traffickers and other actors involved in trafficking, including government officials, are prosecuted and adequately punished; reinforce international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking, including by exchanging information and harmonizing legal procedures to prosecute traffickers, with countries of origin, transit and destination, particularly countries in the region (para. 25).

Nationality

Notwithstanding the legislative amendments adopted by the State party, the Committee remains concerned that there are still stricter conditions for Thai women to confer their nationality on foreign spouses. It is also concerned that among ethnic minority and indigenous communities, men are reportedly given priority to register for nationality, leaving a disproportionate number of ethnic minority and indigenous women without nationality and with restricted freedom of movement and limited access to education, employment, health care and social protection. The Committee further remains concerned that despite the measures adopted by the State party, a significant number of children lack birth registration and are thus vulnerable to becoming stateless. (para. 32).

The Committee recommends that the State party: intensify efforts to facilitate the birth registration of children, especially in rural and remote areas, in particular by conducting awareness-raising campaigns and removing language barriers; ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. (para. 33).

Education

The Committee commends the State party on its efforts to ensure equal access for women and girls to all levels of education, and welcomes the increase in the rate of girls’ participation in tertiary education. It also welcomes the adoption of the Prevention and Solution of the Adolescent Pregnancy Act, which aims to reduce the high rates of teenage pregnancies and of girls who drop out of schools as a consequence. The Committee remains concerned, however, about: gender segregation in higher education, with low enrolment of women and girls in non-traditional fields of study such as technology, engineering, mathematics and agriculture; the existence of gender bias in the school curriculum and textbooks reinforcing traditional gender stereotypes (para 34).

The Committee recommends that the State party: review the Comprehensive Sexuality Education curriculum to better equip students with knowledge and life skills required to protect themselves from early pregnancy and train teachers in accordance with the Prevention and Solution of the Adolescent Pregnancy Act; enhance efforts to overcome gender segregation in higher education, with a view to increasing women’s enrolment in non-traditional fields of study such as technology, engineering, mathematics and agriculture; take concrete measures to eliminate discriminatory gender stereotypes in textbooks, teaching tools and materials (para. 35).

Women in detention

The Committee expresses concern that the State party has one of the highest rates of women in detention in the world. It is also concerned that owing to the limited number of female prisons, women are often incarcerated far from their families and in overcrowded prisons with conditions that fail to meet international standards, particularly as regards pregnant women and women detained with their children. The Committee is further concerned about invasive body searches performed on women in prison (para. 44).

The Committee recommends that the State party: improve the conditions in women’s detention facilities in accordance with the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) and the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) to address the problem of overcrowding in prisons and to ensure the provision of adequate facilities and services, in particular for pregnant women and women detained with their children (para. 45, b).

Marriage and family relations

The Committee welcomes the legislative amendments concerning betrothal as previously recommended by the Committee (CEDAW/C/THA/CO/5, para.20). It also notes that Section 277 of the Criminal Code has been revised to ensure that perpetrators of rape of a child below 15 years of age are not exempt from punishment. However, it remains concerned that the Section 277(5) of the Criminal Code allows courts to use its discretion to reduce the sentence of the offender, and that girls as young as 13 who are sexually abused can still be legally married to the perpetrator. The Committee expresses further concern that harmful practices such as child and/or forced marriages and polygamy continue to take place, particularly in rural and remote areas (para. 48).

The Committee recommends that the State party: amend Section 277(5) of the Criminal Code to ensure that the minimum age of marriage is established as 18 years for both girls and boys throughout the State party and take all necessary measures to eliminate child and/or forced marriage in practice (para. 49, a).

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(CEDAW/C/THA/CO/5)

Last reported: 20 January 2006
Concluding Observations adopted:

Concerns Raised

• Underage marriage: The Committee expresses concern that discriminatory provisions still exist in Family Law, especially in relation to betrothal, marriage and divorce. In this regard, the Committee notes with concern that a betrothed man, unlike a woman, may claim compensation from any man who has either sexual intercourse or who has raped or attempted to rape his betrothed. With regard to marriage, the Committee notes with concern that a man who has sexual relations with a girl over the age of 13 but under the age of 15, with her consent or that of her parents, could marry her without being prosecuted. With regard to divorce, the Committee is concerned that whereas adultery committed by the wife constitutes grounds for divorce, a married man may have sexual intercourse with other women, but his legal wife can file a divorce only if it can be proven that her husband supports and honours another woman as his wife. The Committee is also concerned that the 310-day waiting period for a woman to remarry puts an unnecessary restriction on her rights.

  The Committee urges the State party to:

  (a) Accelerate its reform of the Family Law in order to eliminate all discriminatory provisions, particularly in relation to betrothal, marriage and divorce, so that women and men can enjoy the same legal rights and obligations. (Paragraphs 19 and 20)

• Violence: The Committee continues to be concerned about the prevalence of violence against women and girls. While welcoming the "draft Act on the Prevention and Resolution of Domestic Violence", the Committee is concerned about the inadequacy of the punishment for perpetrators set out therein. The Committee also notes with concern that the "draft Act" focuses on reconciliation and family unity to the detriment of the right of women to live free from violence. The Committee is furthermore concerned that the definition of rape in section 276 of the Penal Code is limited to sexual intercourse between a man and a woman who is not his wife, thus allowing a husband to rape his wife with impunity.

  The Committee urges the State party to:

  (a) Accord priority attention to the adoption of comprehensive measures to address violence against women and girls in accordance with its general recommendation No. 19 on violence against women and the United Nations Declaration on Violence against Women. The Committee encourages the State party to proceed expeditiously with the completion and enactment of the "draft Act on the Prevention and Resolution of Domestic Violence" and to ensure that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are effectively prosecuted and punished. The Committee also calls upon the State party to amend the definition of rape in the Penal Code by deleting the exemption for marital rape so as to make it a criminal offence. The Committee recommends gender-sensitivity training for law enforcement personnel, the judiciary, health service providers and teachers to ensure that they are sensitised to all forms of violence against women and can respond adequately to it. The Committee also calls on the State party to take measures towards modifying those social, cultural and traditional attitudes that are permissive of violence against women. (Paragraphs 23 and 24)

• Trafficking: While welcoming the legislative and policy measures undertaken to combat human trafficking, the Committee remains concerned about the persistence of trafficking and exploitation of women and girls in the country. It is also concerned about the continuing phenomenon of sex tourism in the country.

  The Committee calls upon the State party to:

  (a) Expedite the adoption of the draft Prevention and Suppression of Human Trafficking Act and to ensure that offenders are punished and victims adequately assisted. It also recommends that the State party address the root cause of trafficking by increasing its efforts to improve the economic situation of women, thereby eliminating their vulnerability to exploitation and traffickers, as well as measures for the rehabilitation and social integration of women and girls who are victims of exploitation and trafficking. The Committee also calls upon the State party to implement measures aimed at combating sex tourism, including in cooperation with tourists' countries of origin. (Paragraphs 27 and 28)

• Muslim women: The Committee is concerned about the situation of Muslim women in the south of the country who lack access to education, social security, health care and economic opportunities, and are subjected to early marriage due to cultural norms. The Committee is also concerned that this situation is further exacerbated by the recent unrest in the south.

  The Committee urges the State party to:

  (a) Ensure that all women in the south have access to health care, social security, economic resources and opportunities for education and skills training to enable them to rebuild their lives. It also encourages the State party to provide increased educational opportunities to girls to discourage early marriages. (Paragraphs 35 and 36)

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UN Committee against Torture

(CAT/C/THA/CO/1)

Last reported: 30 April and 1 May 2014

Concluding Observations adopted: 16 May 2014

UN Committee on Economic, Social and Cultural Rights

 

E/C.12/THA/CO/1-2

Last Reported: 4 and 5   June 2015                                                                                         Concluding Observations issued: 19 June 2015

Stateless persons: The Committee notes the efforts of the State party to reduce statelessness, including amendments to the Nationality Act and the Civil Registration Act, establishing universal birth registration. However, it is concerned that a large number of persons remain stateless, particularly among ethnic groups, migrants, refugees and asylum-seekers, which consequently leads to a denial of their economic, social and cultural rights. The Committee is also concerned that a large number of births are not registered in practice and that gaps remain in the Nationality Act, including with regard to the right to nationality for children found abandoned (arts. 2, 9-10 and 12-14). The Committee recommends that the State party continue strengthening its measures to facilitate the naturalization and integration of stateless persons, including by addressing remaining gaps in the Nationality Act, as well as to ensure the enjoyment of their economic, social and cultural rights. It also recommends that the State party consider acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.  (Paragraph 14)

Economic and sexual exploitation of children: The Committee is concerned that, despite measures taken, child labour is still widespread, including in agriculture, fishing and the informal economy, and that many children continue to be exploited in the child sex tourism industry (art. 10). The Committee recommends that the State party increase its efforts to: (a) Effectively enforce legislation which prohibits child labour and hold accountable those responsible for non-compliance with this legislation and reinforce the labour inspection system to monitor and detect child labour; (b) Intensify economic and social support measures for poor, disadvantaged and marginalized families; and (c) Combat child sex tourism, including by establishing and implementing a comprehensive regulatory framework and strengthening international cooperation and advocacy with the tourism industry on the harmful effects of child sex tourism. (Paragraph 25)

Trafficking in persons: While noting the measures taken to combat trafficking in persons, the Committee is concerned at the persistence of trafficking in persons, including women and children, for purposes of sexual exploitation and forced labour in the State party. The Committee is particularly concerned at the limited identification of victims of trafficking by law enforcement officers (art. 10). The Committee recommends that the State party intensify its efforts to prevent and combat human trafficking, including of women and children, for purposes of sexual exploitation and forced labour, inter alia, by ensuring adequate training of law enforcement officers and the judiciary, with a view to improving early identification of victims. In that regard, the Committee calls on the State party to fully implement the recommendations of the Special Rapporteur on trafficking in persons, especially women and children, contained in the report of her mission to Thailand (A/HRC/20/18/Add.2).  (Paragraph 26)

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UN Committee on the Elimination of Racial Discrimination
CERD/C/THA/CO/1-3
Last reported: 9 / 10 August 2012

Concluding Observations issued: 15 November 2012

Issues raised:

Birth registration: While welcoming the setting of the target of granting of legal status to about 300,000 persons within a time frame of three years and measures such as the adoption of the 2008 Civil Registration Act (No. 2), the Committee is nevertheless concerned at the large number of persons in the State party eligible for citizenship but who are currently stateless. The Committee is further concerned at the subsequent denial of their civil and political rights as well as economic and social rights. Moreover, while noting that the State party’s legislation allows for the registration of all persons born in the State party, the Committee remains concerned that a large number of births, particularly among ethnic groups and migrants, are not registered. The Committee reminds the State party that lack of birth registration is a contributing factor to statelessness (art. 5 (d)). Para 14.

The Committee urges the State party to take effective measures to address the obstacles encountered in the acquisition of citizenship by those who qualify for it, including with regard to obtaining the required documentation from local authorities. Bearing in mind its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee also recommends that the State party strengthen its efforts to facilitate the registration of births, including by allowing late registration as well as registration through the health-care system. The Committee further encourages the State party to accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

 

Minority groups and education: The Committee notes with concern that some ethnic languages in the State party are at risk of disappearance. Moreover, while taking note of pilot projects announced by the State party for the teaching of ethnic languages in schools, the Committee remains concerned that many ethnic children have limited opportunities to learn their language (art. 5 (e)). Para 18.

The Committee calls on the State party to strengthen efforts to protect and conserve ethnic languages and to allocate the necessary resources for the promotion of the teaching of ethnic languages in schools.
 

 

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

(CRPD/C/THA/CO/1)

Concluding observations issued: 12 May 2016

National legislation: The Committee acknowledges various efforts by the State party to promote the rights of persons with disabilities, including the ratification of the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2013) (para 4).

Women with disabilities: The Committee is concerned at the lack of legislation, policies or programmes designed to protect women and girls with disabilities from multiple and intersectional discrimination and violence; at the limited opportunities for women with disabilities to be systematically involved in decisions that concern them directly; and that there is no strategy to ensure the full development, advancement and empowerment of women and girls with disabilities (para 15).

The Committee recommends that the State party: Adopt a strategy for guaranteeing full protection against discrimination, and enjoyment of the rights of women and girls with disabilities, particularly those living in rural areas and belonging to ethnic minorities; Ensure that women and girls with disabilities can participate effectively in decision-making processes at all levels on matters that concern them directly, including in the Thai Women’s Assembly; Mainstream a perspective on women and girls with disabilities in its gender equality law, strategy, policies and programmes; In consultation with representative organizations of women with disabilities, implement a strategy to promote the full development, advancement and empowerment of women and girls with disabilities (para 16).

Children with disabilities: The Committee is concerned about discrimination and stigma against children with disabilities, which results in reluctance by some parents of children with disabilities to register with the Department of Empowerment of Persons with Disabilities; the abandonment of children with disabilities by their families; and the number of children with disabilities living in institutions. The Committee is also concerned that children, their families and professionals working for and with children are unaware of their rights; entities working on their protection and promotion lack coordination; professionals in the field lack training; and reliable statistics and information on the situation of children with disabilities are lacking overall (para 17).

The Committee recommends that the State party, in close consultation with representative organizations of children with disabilities: Adopt a strategy to combat stereotypes against children with disabilities and prevent their abandonment; Develop community-based services and assistance with a view to ending institutionalization;  Raise awareness of the rights of children with disabilities and strengthen the provision of assistance appropriate to their age and impairment (para 18).

Freedom from exploitation, violence and abuse:  The Committee is concerned about the situation of persons with disabilities living in poverty, who are often at risk of exploitation and abuse, including begging and human trafficking for labour and sexual exploitation. It is also concerned about violence against and abuse of persons with disabilities, particularly girls and women with disabilities, and regrets the absence of a disability perspective in policies for protection from violence, abuse and exploitation (para 33).

The Committee recommends that the State party develop a strategy for the protection of persons with disabilities, especially women and girls, from violence, abuse and exploitation, inside and outside the home environment. It also recommends that the State party take the measures necessary to prevent persons with disabilities from exploitation through begging and human trafficking and to strengthen the general perception of the importance of human dignity. It further recommends that the State party guarantee that all persons with disabilities, particularly women and girls, have access to justice when they have been subjected to violence, abuse or exploitation (para 34).

Protecting the integrity of the person: The Committee is concerned that persons with disabilities, including women, girls and boys with disabilities, continue to be subjected to involuntary medical treatment, including forced sterilization and abortion. The Committee recommends that the State party take efficient measures to protect persons with disabilities, including women, girls and boys, from forced interventions, especially sterilization and abortion, and ensure that the individual’s right to free, prior and informed consent to treatment is upheld and supported decision-making mechanisms are provided (paras 35, 36).

Liberty of movement and nationality: The Committee is concerned about the fact that many children and adults with disabilities are not registered due to the widespread stigma of being identified as a person with disability. The Committee recommends that the rules governing section 19 of the Persons with Disabilities Empowerment Act be amended to ensure that all persons with disabilities, regardless of nationality, including persons from different ethnic and indigenous backgrounds, migrants, refugees and asylum seekers, can benefit from available services and entitlements. It also recommends that concrete steps be taken to provide information and conduct awareness-raising on registration to gain access to services (paras 37, 38).

Living independently and being included in the community: The Committee is concerned about the institutionalization of persons with disabilities, including girls and boys, in residential institutions, hospitals, half-way homes and rehabilitation centres, and the insufficiency of community-based support services to implement independent living. The Committee recommends that the State party, in active dialogue with organizations of persons with disabilities: Adopt a concrete time frame for the deinstitutionalization of persons with disabilities; Make available a range of supports in the community to ensure that persons with disabilities can exercise choice and control regarding where and with whom they live; Continue and strengthen initiatives for independent living to ensure long-term sustainability (paras 39, 40).

Respect for home and the family: The Committee is concerned that parents of children with disabilities encounter obstacles to gaining access to specific support for exercising their parental responsibilities and preventing abandonment. The Committee recommends that the State increase the availability of early and comprehensive information, services and support to children with disabilities and their families (paras 43, 44).

Education: The Committee is concerned that the right to inclusive education remains unfulfilled for many persons with disabilities; that some schools refuse to admit students with disabilities; and that staff and educational establishments, particularly in rural and remote areas, have limited capacity, skills and resources. The Committee calls upon the State party to adopt all legal and other measures necessary to ensure the provision, as a legally enforceable right, of inclusive quality education to persons with disabilities, especially children with disabilities, in mainstream schools within their communities. The Committee also recommends that the State party allocate adequate resources, provide reasonable accommodation and individualized support measures to students with disabilities and ensure the mandatory pre-and in-service training of teachers and other education personnel on inclusive education. The Committee recommends that the State party pay attention to the links between article 24 of the Convention and targets 4.5 and 4 of the Sustainable Development Goals, to ensure equal access to all levels of education and vocational training, and build and upgrade education facilities that are disability-sensitive and safe (paras 45, 46).

Adequate standard of living and social protection:  The Committee is concerned about persons with disabilities in situations of poverty, particularly those belonging to ethnic minority groups, in single parent-headed households and in families where parents care for a child with disabilities on a full-time basis. It is concerned about the low percentage of persons with disabilities entitled to receive a disability grant and the insufficiency of the grant to ensure an adequate standard of living (para 55).

The Committee urges the State party to review its social security legislation with a view to ensuring equal access for all persons with disabilities to social protection. It also recommends that the minimum living support is given on the basis of the personal characteristics, circumstances and requirements of persons with disabilities. The Committee recommends that the State party pay attention to the links between article 28 of the Convention and target 10.2 of the Sustainable Development Goals, to empower and promote economic inclusion of all, irrespective of disability status (para 56).

 

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UN Committee on Enforced Disappearance

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