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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
__________________________________________ Domestic violence (particularly against women and girls) UN Human Rights Committee Notwithstanding the pending enactment of the Prevention of Domestic Violence Bill and the measures taken by the State party, including the "white ribbons" campaign, the Committee is concerned at reports that domestic violence is prevalent and that specific legal provisions on domestic violence, including marital rape, are lacking in the State party's legislation (arts. 3, 7, 26). The Committee urges the State party to: (a) Adopt the necessary policy and legal frameworks to effectively combat domestic violence. It should establish crisis-centre hotlines and victim support centres equipped with medical, psychological and legal support, including shelters. Law enforcement officials, in particular police officers, should also be provided with appropriate training to deal with cases of domestic violence, and awareness-raising efforts should be continued to widely sensitise members of the public. (Paragraph 12) UN Committee on the Elimination of Discrimination against Women 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) __________________________________________ Use of and conditions in juvenile detention (including the detention of children with adults) UN Committee on the Rights of the Child (Concluding Observations, February 2012) [The Committee] is also concerned that training of judges and judicial personnel in child rights may not be adequate and in some cases children can be detained with adults. It reiterates to the State party: (b) Ensure that children deprived of their liberty are held in detention only as a last resort and for as short a time as possible and that their detention is carried out in compliance with the law; (c) Ensure that children are detained separately from adults as recommended by the Working Group under the Universal Periodic Review, and that they have a safe, child sensitive environment and that they maintain regular contact with their families; (d) Promote alternative measures to detention such as diversion, probation, counselling, community service or suspended sentences, wherever possible; (Paragraphs 78 and 79) UN Human Rights Committee 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) __________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) While noting the State party information on the provision of some welfare services, the Committee is concerned about the reported inadequate conditions in the camps with temporary refugees (so-called "external displaced persons"), and that the refugees and asylum seekers outside of the camps and in urban areas are deemed to be illegal and are subject to arrest, detention and/or deportation for unlawful entry and/or unlawful stay. Furthermore, the Committee is concerned that the State party has not registered the newly arrived asylum seekers since 2009, as stated by the State party delegation. The Committee urges the State party to take all necessary measures to improve the conditions in camps for temporary refugees by providing them with adequate basic needs. The Committee also recommends that the State party renew its registration of newly arrived asylum seekers in order to keep account of their possible needs. Furthermore, the Committee recommends that the State party treat the asylum seekers and refugees according to their status and do not subject them to detention or deportations to a country where their lives might be in danger. In this regard, the Committee encourages the State party to seek technical assistance from the Office of the United Nations High Commissioner for Refugees (UNHCR). The Committee also recommends that the State party ratify the 1951 Convention relating to the Status of Refugees and its 1967 Protocol and establish a national legal and institutional framework for protection of refugees. (Paragraphs 70 and 71) UN Human Rights Committee 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) __________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) In view of large numbers of children in vulnerable situations in the State party, especially children with disabilities, children living in poverty, children in street situations and stateless children as well as the high incidence of human trafficking, the Committee recommends that the State party ensure an effective monitoring system of the adoption process. (Paragraph 53) The Committee is also concerned at the increase of trafficking of foreign children from neighbouring countries into Thailand for sexual exploitation, contributing to the large child sex tourism industry in the country, while Thai children are often trafficked to foreign countries for sexual exploitation. Furthermore, the Committee expresses concern that children are trafficked internally within the country, especially children of poor families, undocumented migrants and ethnic minorities. (Paragraph 76) UN Human Rights Committee 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) UN Committee on the Elimination of Discrimination agaisnt Women 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) __________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) The Committee notes the Home Workers Protection Act adopted in 2011 which provides for protection of conditions of employment, minimum wages and safe working environment for children 15 years of age and over, as well as the National Policy and Plan to Eliminate the Worst Forms of Child Labour for 2009-2014. However the Committee remains concerned that the State party's legislation does not provide protection to informal workers in agriculture, tourist industry, begging and domestic service, where children aged below 15 years, especially foreign children and children in street situations, are mostly involved. The Committee recommends that the State party study and provide information in its next periodic report on the employment of children in the informal sector, such as in agriculture, tourist industry, begging and domestic service, and take measures to reinforce the labour inspection system to monitor and detect children working in these sectors. It urges the State party to amend its legislation to prohibit involvement of children in informal sectors with particular attention to vulnerable groups of children such as foreign children and children in street situations. It recommends that the State party consider ratifying the ILO Convention N°189 concerning decent work for domestic workers. (Paragraphs 74 and 75) UN Human Rights Committee 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) __________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) The Committee welcomes the Nationality Act of 2008 which provided for remedies for those whose nationality was revoked in 1972, including their children, and for naturalisation for specific categories of persons including children in foster care and adopted children as well as children of illegal immigrants born in Thailand before 1992. While noting efforts of the State party to reach bilateral agreements with neighbouring countries, the Committee nevertheless remains concerned that a significant number of people including children, especially children of indigenous and minority groups, and children of migrant workers, refugees and asylum-seekers remain stateless or potentially stateless. The Committee urges the State party to further review and enact legislation in order to ensure that all children who are at risk of becoming stateless, including children belonging to the disadvantaged groups mentioned in paragraph 41, are provided with access to Thai nationality. The Committee recommends that the State party consider ratifying the 1954 Convention relating to the Status of Stateless Persons and its 1967 Optional Protocol, and the 1961 Convention on the Reduction of Statelessness. (Paragraphs 41 and 42) UN Human Rights Committee 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) __________________________________________ UN Committee on the Rights of the Child (Concluding Observations, February 2012) 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. 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. (Paragraphs 31 and 32) UN Committee on the Elimination of Discrimination agasint Women 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) 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)
Last reported: 19 and 20 July 2005
Concluding Observations adopted: 28 July 2005
Last reported: 20 January 2006
Last reported: 19 and 20 July 2005
Concluding Observations adopted: 28 July 2005
Last Reported: 19 and 20 July 2005
Concluding Observations adopted: 28 July 2005
Last reported: 19 and 20 July 2005
Concluding Observations adopted: 28 July 2005
Last reported: 20 January 2006
Last reported: 19 and 20 July 2006
Concluding Observations adopted: 28 July 2006
Last reported: 19 and 20 July 2006
Concluding Observations adopted: 28 July 2006
Last reported: 20 January 2006