Page 53 - สรุปข้อสังเกตคณะกรรมการว่าด้วยสิทธิเด็ก (UN) ต่อรายงานภายใต้ข้อ 44 แห่งอนุสัญญาว่าด้วยสิทธิเด็ก

CRC/C/THA/CO/2
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(d) Ensure that child victims of trafficking are protected and not criminalized
and that they are provided with adequate recovery and social reintegration services and
programmes;

(e) Pay particular attention to the existing risk factors, such as the increasing sex
tourism in the region, and continue to collaborate with the Tourism Authority of Thailand
(TAT) and tourism service providers in this respect;

(f) Continue to raise public awareness about the negative effects of child
trafficking and train professionals working with and for children as well as the general
public to combat and prevent trafficking in children;

(g) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime (2000); and

(h) Strengthen cooperation, among others, with the ILO/IPEC, International
Organization for Migration and non-governmental organizations.

Administration of juvenile justice

76. The Committee welcomes the recent amendment to the Act Instituting the Juvenile
and Family Courts and the Juvenile and Family Procedures of 1991 that entered into force
in February 2005, which stipulates that procedures for Juvenile and Family Courts must be
applied in all Criminal Courts in provinces where such Courts do not exist. It notes the recent
Ministerial regulation prohibiting corporal punishment in penal institutions. The Committee also
welcomes the use of shelter houses, as well as diversion programmes for juvenile offenders and
the Family Group Conferencing programme, which promote the concept of restorative justice.
The Committee notes that approximately 4,500 juvenile offenders are sent to detention centres
every year. It is concerned, however, that children continue to be housed with adults in detention
due to a lack of juvenile detention facilities in some areas. It also reiterates its concern at the low
minimum age of criminal responsibility (7 years).

77. The Committee reiterates its previous recommendation and urges the State party
to ensure that its legislation and practice concerning juvenile justice is in full compliance
with the provisions of the Convention, in particular articles 37, 39 and 40 as well as
other relevant international standards in this area such as the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)
(General Assembly resolution 40/33), the United Nations Guidelines for the Prevention
of Juvenile Delinquency (The Riyadh Guidelines) (General Assembly resolution 45/112),
the United Nations Rules for the Protection of Juveniles Deprived of their Liberty
(General Assembly resolution 45/113) and the Guidelines for Action on Children in the
Criminal Justice System (annexed to Economic and Social Council resolution 1997/30
of 21 July 1997). In this regard, the Committee recommends that the State party:

(a) Amend the relevant provisions of its Penal Code to increase the minimum
age of criminal responsibility to an internationally acceptable standard;