Page 43 - สรุปข้อสังเกตคณะกรรมการว่าด้วยสิทธิเด็ก (UN) ต่อรายงานภายใต้ข้อ 44 แห่งอนุสัญญาว่าด้วยสิทธิเด็ก

CRC/C/THA/CO/2
page 10

4. Family environment and alternative care
(arts. 5, 18 (paras. 1-2), 9-11, 19-21, 25, 27 (para. 4) and 39 of the Convention)

Alternative care

42. The Committee notes the various programmes and mechanisms providing alternative
care for children in the country, including the foster care system, welfare homes and other
institutions, which are administered by various Government ministries and agencies. The
Committee is concerned, however, at the lack of information on the situation of children placed
in alternative care facilities and on the standards and regulations governing such institutions. It
is also concerned at the lack of information concerning monitoring and oversight mechanisms for
such programmes and institutions.

43. The Committee recommends that the State party:

(a) Undertake a comprehensive study to assess the situation of children placed in
institutions, including their living conditions, care plans and services provided;

(b) Set clear standards for existing institutions and the foster care system,
including rules for the involvement of children and their parents in decision-making
processes in accordance with article 9 of the Convention and ensure periodic review of the
placement of children, in light of article 25 of the Convention;

(c) Ensure that all alternative care institutions and programmes are
well monitored, including by independent complaint monitoring mechanisms and
non-governmental organizations, with a view to ensuring the protection of children’s
rights, and provide children with easy access to these mechanisms; and

(d) Pursue all necessary measures to allow children placed in institutions to
return to their families whenever possible and use the placement of children in institutions
as a measure of last resort.

Violence, abuse, ill-treatment and neglect

44. While acknowledging the efforts made by the State party and noting Section 53 of the
Constitution of Thailand (1997), the Committee is deeply concerned about increasing reports of
cases of domestic violence, child abuse and neglect in the country. It expresses its concern at the
notable deficiencies in the domestic legislation as regards penalizing all forms of abuse, neglect
and mistreatment, including sexual abuse (for example, the provisions of the Penal Code only
protect female victims of rape). It also expresses its concern at the lack of a national data
collection system on cases of violence against children.

45. The Committee urges the State party to:

(a) Review its domestic legislation in order to penalize all forms of abuse,
including sexual abuse, neglect, mistreatment and violence against children and to define
clearly these crimes against children;