Page 54 - สรุปข้อสังเกตคณะกรรมการว่าด้วยสิทธิเด็ก (UN) ต่อรายงานภายใต้ข้อ 44 แห่งอนุสัญญาว่าด้วยสิทธิเด็ก

CRC/C/THA/CO/2
page 21

(b) Amend its national legislation to reinforce the prohibition against the use of
corporal punishment in penal institutions;

(c) Ensure that detained persons below 18 years are always separated from
adults, and that deprivation of liberty is used only as a last resort for the shortest
appropriate time and in appropriate conditions;

(d) Expedite the provision of separate facilities and/or separate cells in detention
facilities for persons below 18 to ensure that they exist in all districts, and to provide
educational, vocational and therapeutic programmes for those incarcerated;

(e) Continue to implement alternative measures to detention such as diversion,
probation, counselling, family and community group conferencing, community service or
suspended sentences;

(f) Support and reinforce prevention strategies and measures, particularly with
regard to vulnerable children;

(g) Support community-based programmes and services to assist children in
conflict with the law and their reintegration with society; and

(h) Seek technical cooperation from, inter alia, UNICEF and OHCHR.

Children belonging to indigenous and minority communities

78. The Committee expresses its concern about the situation of children belonging to
indigenous, tribal and minority communities who are subject to both stigmatization and
discrimination. In particular, it is concerned about widespread poverty among indigenous
peoples and minorities and the limited enjoyment of their human rights, in particular, concerning
their access to social and health services and education. The Committee is also concerned that
many indigenous and minority children are stateless and/or have no birth registration and are at
increased risk for abuse and exploitation. It further notes that there is at present insufficient
demographic data on the hill-tribe population in Thailand.

79. The Committee recalls the State party’s obligations under articles 2 and 30 of the
Convention and recommends that it ensure the full enjoyment, by indigenous and minority
children, of all of their human rights equally and without discrimination. In this regard,
the Committee urges the State party to take adequate measures to protect the rights
of indigenous and minority children to preserve their historical and cultural identity,
customs, traditions and languages, taking into account the recommendations adopted
by the Committee on its day of general discussion on the rights of indigenous children
in September 2003. It also urges the State party to continue to develop and implement
policies and programmes in order to ensure equal access to culturally appropriate services,
including social and health services and education. The Committee also recommends that
the State party ensure access to birth registration for all indigenous and minority children
and continue to implement measures to address the issue of statelessness. The Committee