Page 30 - รายงานผลการประเมินสถานการณ์ด้านสิทธิมนุษยชนของประเทศไทย ปี 2559

for 15 years; to mobilize the educational reform in regional levels and take more accountability to participation of civil
society; to amend the Loan for Education Fund Act, B.E. 2541 (1998) with reducing of restrictions for accessing to the

Loan for Education Fund for those facing hardships and increasing more opportunities for any youth and children with
talents to pursue their studies in insufficient fields of studies with high public demanding for the country development
to be able to access to tertiary or vocational educations. The NHRCT witnesses principal challenges as follows:
• The overall educational reforms with development of comprehensive quality, especially for children
and youth facing risks, statelessness and nationality problems, belonging to ethnic groups and refugees and family

members of migrant workers, vulnerability and being in remote areas, these all shall be access to their rights to
education corresponding to their demands and needs;
• The educational management is not corresponding to social and cultural bonds, especially the education with moth-

er tongue-based or multi lingual-based education (MTB/MLE) including to preserve and maintain community culture and natural
resources. Some laws are being criticized with poor implementation and misinterpretation, as: Section 12 of the National
Education Act, B.E. 2542 (1999) with additional amendment and Ministerial Regulation on Rights of Community-based
Organizations and other Private Organizations managing Basic Education in Learning Center, B.E. 2555 (2012).

RIGHT TO HEALTH:

The Government has adopted a number of policies and measures and made continual efforts to proceed
the achievement for possible highest attainable standards and indicators as: to promote the lifelong wellness;

to enhance the Announcement of National Health Committee on National Health System Charter, No.2, B.E.
2559 (dated 8th November 2016); to establish 13 health zones with nationwide coverage and outreach to 99
percent of population under the Universal Health Coverage scheme; to make the transmission of HIV/AIDs and
syphilis from mother to child with reduction of number not higher than 2 percent; to set-up 429 teenage clinics
within hospitals under the Ministry of Public Health; and to reduce teenage mother aging during 15-19 years old

(from 43.8 per 1,000 population in the same ages); to restore rights of more than 930,000 insured whom vacated
their rights under Section 41 (4) and (5) of the National Security Act, B.E. 2533 (1990) and Additional Amendment
(No.2), B.E. 2537 (1994). The NHRCT somehow witnesses principal challenges as follows:

• Groups of population shall not access to their rights to health and/or National Health Security, e.g.
students facing statelessness and nationality problems and without civil registration records, marginalized and
vulnerable groups, people residing in remote areas, teenagers and drug users;
• Management of disparities among those accessible to National Health Security with limit of healthcare
system development that might be focusing on public health services and not undertaking the preventive

approach with avoidance of risk factors.

RIGHT TO WORK:

Articles 6-8 of ICESCR, ratified by Thai government, ensures the rights to work with details as: (i) right to work;
(ii) right to accept proper work conditions with fairness; and (iii) right to form and partake in trade union, while Thai
government is also a state party of 14 International Labour Organization’s Conventions, but the NHRCT still experiences
challenges with situations of right to work as follows:
• Work conditions and social security of some workers, forced labor, amount of government minimum wages

that not covering substantive attainable standards of living of workers and their families and right to set up trade unions;

รายงานผลการประเมินสถานการณ์ 29 ด้านสิทธิมนุษยชนของประเทศไทย ปี ๒๕๕๙