United Nations

CRC/C/THA/Q/3-4/Add.1

Convention on the Rights of the Child

Distr.: General

20 January 2012

English only

Committee on the Rights of the Child

Fifty- ninth session

16 January–3 February 2012

Implementation of the Convention on the Rights of the Child

List of issues concerning additional and updated information related to the third and fourth combined periodic report of Thailand (CRC/C/THA/3-4)

Addendum

Written replies of Thailand*

Part I

Reply to the issues raised in part I, paragraph 1, of the list of issues (CRC/C/THA/Q/3-4)

1.Thailand is in the process of studying the feasibility of the withdrawal of its reservation under Article 22 of the Convention. However, although we still have a reservation on the aforementioned article, we have made great efforts to provide protection and assistance to externally displaced children living in the nine temporary shelters along the Thai-Myanmar border, based on humanitarian and human rights principles and in close collaboration with the Office of the United Nations High Commissioner for Refugees and non-governmental organizations. (Please refer to the guidelines on the protection of children in refugee camps in item 11.)

2.In addition, Thailand reviews its position on the 1951 Convention relating to the Status of Refugees on a regular basis, taking into account developments in the overall situation. A new review will soon take place. In the meantime, Thailand is continuing to improve various safeguards to protect the rights of displaced persons and asylum seekers, including screening processes and enhanced access to services.

Reply to the issues raised in part I, paragraph 2, of the list of issues

3.The Child Protection Act of 2003 is the main piece of legislation which translates the provisions of the Convention into Thai law, and contains the overarching principles of the best interests of the child and non-discrimination. However, challenges remain with regard to this Act in two main areas. First, there is no agency specifically tasked with the implementation of the law. Second, there is no system or mechanism to harmonize child rights promotion and protection activities at the central level with activities at the local level.

4.A Subcommittee on the revision of child-related laws has been established under the National Child and Youth Development Promotion Commission with the aim of revising the existing laws to be in conformity with the Constitution and the Convention and to address the above-mentioned challenges.

Reply to the issues raised in part I, paragraph 3, of the list of issues

5.The Ministry of Social Development and Human Security (MSDHS) is the key agency responsible for coordinating and following up the implementation of the Convention on the Rights of the Child, including through the work of the various committees. However, challenges exist in this regard as the policy on child rights and their practical implementation are designated to different agencies within the MSDHS. Currently, the MSDHS has started the process of reforming its administrative structure with regard to its work on children and youth affairs in order to integrate the work on the promotion and protection of child rights at both policy and practical levels into one single agency, which should help enhance the implementation of the Convention in the country.

6.Various committees have also been established at all levels to formulate child-related policies and plans and oversee their implementation:

(a)The National Child and Youth Development Promotion Commission, established under the National Child and Youth Development Promotion Act of 2007, is chaired by the Prime Minister and consists of representatives from relevant government agencies, as well as children and youth representatives and experts on children’s issues. The Commission is responsible for proposing national child and youth policies and plans to the Cabinet; prescribing and revising laws, regulations, rules and procedures relating to assistance, promotion, support, and development of the quality of life for children and youth; organizing children and youth development assemblies; conducting analysis on the situations of children and youth; as well as assessing the implementation of the relevant laws and regulations to be reported to the Cabinet and the Parliament on a yearly basis;

(b)The National Child Protection Committee, established under the Child Protection Act of 2003, is chaired by the Minister of Social Development and Human Security and comprises representatives from relevant government agencies as well as experts on child protection. It focuses specifically on issues concerning child protection and is responsible for proposing child-related polices, plans and budgets to the MSDHS; issuing Ministerial Regulations; and conducting follow-up, assessment and monitoring policy implementation;

(c)The Provincial Child Protection Committees have been established as the mechanism for child protection at the local level. Each of the committees is chaired by the Governor of the province, and comprises representatives from relevant local agencies, as well as the Chief Executive of the Provincial Administration Organization. The Provincial Social Development and Human Security office acts as the local coordinating agency.

Reply to the issues raised in part I, paragraph 4, of the list of issues

7.Thailand does not have the exact figures on the budgetary allocations made to implement children’s rights in the country. However, in fiscal year 2010-2011, the MSDHS, the agency directly responsible for child development, received a budget allocation, in the social welfare category, to the amount of Baht 1.7 billion and Baht 2.07 billion, respectively, representing 0.5 percent of the national budget, which is consistent to the ratio in past fiscal years. The budget allocated for child promotion and development projects is provided to the MSDHS for its coordinating role on this matter, as well as through various funds, such as the Child Protection Fund, Social Welfare Promotion Fund, and Fund for the Empowerment of Persons with Disabilities. In fiscal year 2011, these funds were allocated a budget of Baht 60 million, Baht 100 million and Baht 50 million, respectively. During 2010-2011, the budget was utilized for providing loans, and supporting projects by groups of persons, regional and local organizations in the amount of Baht 403.75 million and Baht 594.38 million, respectively. In terms of education, during 2010-2011, educational affairs received the highest percentage of all allocations, namely 22.3 percent and 20.4 percent respectively. Out of this total, over 70 percent was allocated to basic education for pre-school, elementary and secondary children.

8.In addition to the Government’s budget, over 400 private and international organizations provided funds ranging from Baht 10,000 to Baht 1,000,000 for child and youth development affairs in the country. The Thai Health Promotion Foundation also allocated funds for child, youth and family health plans in 2010-2011, to the amount of approximately Baht 200 million per year.

Reply to the issues raised in part I, paragraph 5, of the list of issues

9.Business and industry have made concrete contributions towards the attainment of children’s rights. The trend in corporate social responsibility firmly began in Thailand in 2007, with the establishment of the Corporate Social Responsibility Institute (CSRI) by leaders of organizations in the business and industrial sectors, with the aim to promote social and environmental responsibility in the business and social sectors in the country. The CSRI promotes and supports child promotion and development projects, activities and cooperation in various areas, namely, educational and recreational affairs, health services, and the protection of the environment. Such projects and activities are, for example, school or library building projects, scholarships for students and teachers, the promotion of nutrition, health and sanitation for mothers and children, the promotion of iodized salt consumption, activities to raise awareness on global warming, climate change, and energy saving, and the establishment of environmental learning and knowledge centres in schools.

10.With regard to children with disabilities, the CSRI provides assistive equipment, such as wheelchairs and tricycles, as well as occupational training. It also provides scholarships and assists in the arrangement of a suitable public transportation system for them. Medical treatment is also provided for autistic children. With regard to children with HIV/AIDS, the CSRI has supported various activities, such as the setting up of learning centres in communities, awareness-raising activities for communities regarding the provision of care for these children and the establishment of a system of volunteers to visit and assist these children in their own homes.

11.With regard to measures that the Royal Thai Government has taken to regulate the activities of business and industry, the Promotion of Social Welfare Act of 2003 should be mentioned. Although the Act does not directly regulate the activities of business and industry, it encourages all sectors to participate in the provision of social welfare at all levels, thereby helping to promote the concept of corporate social responsibility. In 2011, the Office of the Prime Minister also issued a regulation on social enterprise promotion with the aim of promoting more businesses and enterprises, which apart from profit-making activities also help develop communities, society and the environment.

12.The Government has introduced measures to encourage child rights promotion and protection in the workplace and communities. They include:

The conclusion of the 2004 Memorandum of Understanding on the Establishment of Child Care Centres for Workers in the Workplace and in the Community among five ministries (Ministry of Labour, Ministry of Social Development and Human Security, Ministry of Interior, Ministry of Education and Ministry of Public Health), workplaces and communities, in order to encourage their participation in early childhood development, and the development of mentor teachers. Currently, there are 90 such centres.

The setting up of a breastfeeding corner in workplaces, which is a collaboration between eight public, private and international organizations (Thai Breast Feeding Centre, Health Promotion Foundation, Ministry of Labour, Ministry of Public Health, Bangkok Metropolitan Administration, UNICEF Thailand and WHO Thailand), to encourage employers to provide welfare to women workers so that they can earn a living while continuing to breastfeed their children. Currently, there are 175 workplaces which have joined the project. This concept was expanded to include the setting up of breast milk storage facilities in workplaces.

13.Measures have also been taken to encourage the media to promote child rights. The Child Media Plan was established to promote the development of a system for the creation and distribution of quality media for children, youth, families and societies through the participation of all sectors. The 2009 Regulation of the Thai Public Broadcasting Service on Code of Ethics for Programme Producers and Broadcasters, issued in accordance with the 2008 Thai Public Broadcasting Service Act stipulates practical guidelines on the production, procurement and broadcasting of programmes which should take into account, inter alia, the protection of children and youth from programmes which contain violent, illegal, immoral and obscene content. There are also other regulations and guidelines issued by the media profession to regulate their practices in relation to children, such as the 1998 Code of Ethics of the Newspaper Profession and the 2006 Practices of the National Press Council of Thailand on News Report and News Photographs of Sexually Harassed Women and Children.

Reply to the issues raised in part I, paragraph 6, of the list of issues

14.At present, Thailand does not have in place a comprehensive system for the collection of data on children. However, data on children is being collected through national surveys and census as well as data on social welfare.

15.The National Statistical Office (NSO) has been continuously collecting data on children through surveys and census, such as the population and housing census, and surveys on children and youth, situations concerning children. The data is disaggregated by sex, age, territory (region, province, municipality and other areas), education, occupation, and industry, in accordance with international standards. The NSO has prepared a master plan for the national statistics system for the year 2011-2015, in order to establish an effective and standardized statistics system, which can be used for the development of the nation. This is the first master plan since the promulgation of the Statistics Act of 2007. It contains three strategies: (i) an efficient statistics management system; (ii) statistical data standardization; (iii) a thorough distribution of statistical data.

16.Statistics commissions have been established to systemize the statistics in three areas: (i) population and society; (ii) economy; (iii) natural resources and the environment. Statistics sub-committees have also been established to manage 21 fields of data, including data on children, which is managed by the Social Welfare Statistics Sub-Committee, chaired by the Permanent Secretary of the MSDHS. The sub-committee collects data relating to three matters: (i) social welfare target groups (social protection networks, and victims of social problems who require help); (ii) social protection and social welfare (services, social security, and social assistance); (iii) a social welfare provision mechanism (individuals, society development organizations, financial organizations and local administration organizations). Such statistical data will be used for planning, monitoring and evaluating the provision of social welfare for every target group, and analyzing the current situations and the future trends.

Reply to the issues raised in part I, paragraph 7, of the list of issues

17.The current Constitution of 2007 protects the dignity, rights, liberties and equality of all persons. It also guarantees equality before the law for all persons and equal rights between females and males. Unjust discrimination against a person is strictly prohibited. Thailand has made great efforts to ensure that all children receive equal treatment in all spheres without discrimination. Measures taken to eliminate discrimination against children in vulnerable situations are as follows.

Education

18.Thailand is implementing an education for all policy, which has been further reinforced by the 15-year free education programme. This means that all children regardless of their status and nationality are entitled to free education, from kindergarten up to high school level, with education costs per head being allocated for all children on an equal basis. Efforts have been made to reach out to children in rural areas through the setting up of schools within local communities and the use of ICT, with one main school acting as a hub to assist other schools in providing remote education to students.

19.Children with disabilities are entitled to free education from birth up to undergraduate level with due regard to their special needs. Education institutes are legally obliged to accept children with disabilities without discrimination. Special education centres nationwide provide support specifically to these children to enable them to co-educate with other children, while financial and technical support is provided to education institutes to enable them to better facilitate co-education for children with disabilities.

20.Special measures have been put in place to enhance access to education for children with unclear status, be they children of ethnic minority, children of migrant workers or street children.The Ministry of Education Regulation on Proof of Admission of Students into Educational Institutes (2004) and the Cabinet Resolution, dated 5 July 2005, sets operational guidelines related to the management of education for this group of children. All education institutions are duty bound to admit children of school age to study in their institutes, with or without evidence of civil registration, by using birth certificates or letters of certification of birth, or other proof issued by government authorities, or documents which are accepted by the Ministry of Education. In the event where the aforementioned evidence is missing, parents, care-takers, or non-governmental organizations can present personal history records of persons and children, or the educational institute concerned may conduct an interview to record the details related to the personal history of the child concerned.

21.The Ministry of Education is currently promoting greater awareness among schools about the right of ethnic and migrant children to enroll in public schools. It has also set up a committee to consider ways to enhance access to education for migrant children. The manual on school admission for those children with unclear status has also been distributed to schools across the country. Multi-lingual schools have been set up, especially in areas where there are high numbers of ethnic and migrant children, which provide classes in Thai, English and various ethnic languages. This is aimed at helping ethnic and migrant children overcome language barriers which hinder their access to education. In addition to public schools, NGOs also provide education for ethnic and migrant children in various educational centres across the country.

22.Children living on the streets are assisted by “street teachers” comprising personnel from both the Government and the private sectors who regularly conduct field visits to interact and familiarize themselves with the children. Different activities are used to suit the specific needs and circumstances of different groups of children. A referral system has been put in place whereby street teachers may refer children to the relevant authorities in order to help them enroll in formal, informal and non-formal education.

23.For children living in remote areas, ICT is used to manage groups of schools, with one main school acting as a hub to assist other schools in providing remote education to students.Distance learning has also been promoted to help those previously lacking opportunities to pursue higher education. The Government has also made efforts to expand educational opportunities for poor children and those living in remote areas by promoting schools within local communities as well as the improvement of the quality of teaching.

24.The Royal Thai Government has set up various measures to broaden education for displaced children living in the nine temporary shelters along the Thai-Myanmar border with a view to creating more opportunities for them. At the same time the Government has allowed and supported UNHCR, UNICEF, NGOs and other humanitarian organizations to engage fully with these displaced persons in terms of offering educational and other services to them. Currently, displaced children are provided with education equivalent to grade 1 to grade 10, which covers a variety of subjects, such as Thai, Burmese, Karen, English, science, mathematics, history, and others. A standard curriculum both in Thai and English is currently being developed in line with the National Education Plan for further accreditation. This should help enhance the quality of education for children living in these shelters.

Health

25.Thailand is implementing the Universal Health Care Coverage Scheme, which entitles all Thai nationals, including persons belonging to ethnic groups who are in the process of being granted Thai nationality, to free medical treatment for most diseases. The per capita healthcare budget has been increased to support and strengthen medical services under this scheme. In addition, on 23 March 2010, the Cabinet approved a decision to expand basic health care to more than 400,000 persons with unclear status and allocated an additional budget for health promotion and rehabilitation, treatment, as well as disease prevention for this group.

26.Health centres at the sub-district level are being upgraded to Health Promotion Hospitals in order to enhance access to quality medical care and services for persons living in rural areas, including children. Special attention has been given to addressing child malnutrition in the country. As a result, the situation has continuously improved during the past two decades. Projects, including a royally sponsored project, have been put in place to improve maternal and child health in mountainous remote areas.

27.With regard to children of migrant workers, if their parents have been formally registered with the authorities, health insurance coverage by the Ministry of Public Health is available to them on a voluntary basis at the cost of Baht 1,300 per person per year. This covers disease prevention and control, health promotion, treatment, as well as pre-natal and post-natal care. As for children of unregistered migrant workers, they are provided with health care and treatment, including immunization at their communities on a humanitarian basis.

28.Medical treatment and care, including disease prevention and immunization, for displaced children in the temporary shelters along the border is being provided jointly by the Ministry of Public Health and various NGOs which have set up clinics inside the shelter areas. However, those with serious medical conditions will be referred to nearby hospitals.

29.In addition, Thailand receives financial support from other sources such as the Global Fund to Fight AIDS, Tuberculosis and Malaria for its efforts to promote access to HIV/AIDS treatment for disadvantaged or other marginalized groups.

30.In sum, all children in Thailand benefit from health care and services under various schemes. Even if their status is irregular, they still benefit from basic health services on a humanitarian basis. The Royal Thai Government is working to improve services provided under various schemes in order to reduce the discrepancies in terms of services provided by them.

Birth registration

31.The Civil Registration Act of 2008 provides all children born in Thailand with the right to birth registration regardless of their nationality or status. This helps serve as the basis for their entitlement to basic health services and education in Thailand. (Please see item 8 for more details.)

32.Children living in the Southern Border Provinces (SBPs) benefit from social, health and educational services on an equal basis with children in other regions of the country. However, due to the special circumstances in the SBPs, the Government has placed greater emphasis on assisting and protecting children in this region, and special measures have been put in place in this regard. A Plan of Action on the Protection and Development of Children and Youth in the SBPs is being drafted which will call for more concerted action by all relevant Government agencies in promoting and protecting children’s rights in an effective and comprehensive manner.

33.On the education front, the Thai Government aims to ensure access to education for all children affected by the violence by setting up the Bureau of Educational Development for Special Administrative Zone in the South in 2007 to directly oversee education in the SBPs, aiming to enhance the quality of education in the area and to reduce academic performance gaps between students in the SBPs and in other regions of the country.To further strengthen this effort, an Educational Development Plan in the SBPs covering the period 2009- 2012 has been issued to guide education policy in the SBPs. The Plan primary focuses on improving educational standards, developing religious teachers (ustad), instilling a sense of national solidarity and multiculturalism, and promoting vocational training to achieve better job placements.

34.Consistent with constitutional rights to freedom of religion in Thailand, the Royal Thai Government actively supports Islamic studies in all educational and religious institutions. The Government provides subsidies to registered private Islamic schools, including Pondoksand Tadikas.The Government has strengthened its cooperation and support for these private schools with a view to enhancing education quality and promoting integration of the general curriculum into Islamic education so that Muslim students can apply their knowledge to earn their living after leaving school.The promotion of bilingualism in Thai and local Yawi language in schools has also been undertaken.Moreover, special bodies at the local level have been set up to specifically provide support for these private schools.

35.One of the Ministry of Education’s top missions is to boost the number of students in the SBPs continuing their studies in secondary schools and higher education, particularly in local universities, as well as in Bangkok and beyond.This is to be achieved through the provision of scholarships and student loans.A total of 5,000 annual scholarships have been provided to students in the SBPs in mainstream subjects, vocational studies and religious studies, both in Thailand and abroad.As a result, since 2010 there has been a significant increase in the number of students continuing their studies at secondary school level.

36.With regard to health-care services, the Royal Thai Government places importance on protecting the mental health of the children in the SBPs. The Ministry of Public Health is implementing a long-term plan to monitor the psychological impact of the violence on children. Psychologists are present at all district hospitals to assist children who have been traumatized, while welfare officers also conduct home visits to provide comfort. Rehabilitation activities are also provided.

37.Special assistance has been provided to orphaned children in the form of cash assistance, rehabilitation, and monthly allowances for education up to undergraduate level and cash assistance for foster families.

Reply to the issues raised in part I, paragraph 8, of the list of issues

38.Every child who is born in Thailand is entitled to be registered at birth, in accordance with the Civil Registration Act (No. 2) of 2008 (including ethnic children, hill tribe children, abandoned infants, externally displaced children in temporary shelters and children of migrant workers).According to Section 18 of the Act, it is the obligation of the parents, or owner of the house in which a child is born, to report the birth within 15 days from the date of birth, notwithstanding whether the birth takes place in the house or at any other place.However, in the case that the birth occurs outside the house, and may not be reported within the specified period, the report of such birth may be made no later than 30 days from the date of birth.

39.Registration of birth may be made in any area of the country and not necessarily in the district at which the birth took place.Birth registration may also be made at civil registration mobile units in various localities.There are over 51,000 volunteers in the communities who are trained to help provide knowledge and assistance on birth registration to the population. Training is also being provided to over 2,000 civil registrars so that they have correct knowledge and understanding on civil registration procedures.These are part of the Royal Thai Government’s efforts to reach out and facilitate birth registration in all areas of the country.

40.The Civil Registration Act of 2008 and regulations by the Ministry of Interior (MOI) do extend the right to birth registration to children of displaced persons and migrant workers, including those whose parents may be under the care of the Thai Immigration Bureau. MOI regulations stipulate that the district officer shall accept the report of birth of these groups of children issued by the hospitals and use such a report to issue a birth certificate at the Registration Office and shall deliver such birth certificate to the child’s parents.

41.Indeed, the law does stipulate financial penalties for any person who fails to report the birth of a child. This is a measure aimed at encouraging people to report births within the period required by the law. However, leniency is being granted in this regard. The Regulations of the Central Registration Office state that the relevant registrar is empowered to determine the amount of the penalty based on the severity of the offense, the circumstances of the offense, and the subsistence of the offender. Nonetheless, the penalty shall not be lower than Baht 20 or higher than Baht 1,000. Thailand is aware of the Committee’s concern on this matter and will seriously reconsider our position in this regard upon consultations with the relevant Government agencies and other stakeholders.

Reply to the issues raised in part I, paragraph 9, of the list of issues

42.The related information is provided in CRC/C/THA/3-4, paragraphs 34, 40 and 41. To reiterate, corporal punishment in schools is prohibited under Thai law, namely, the Regulation on the Punishment of Students of 2000. The Regulation on the Punishment of Students of 2005 prohibits violent or abusive punishment of students. Four measures of punishment allowed are caution, parole, deduction of behavioural points, and behavioural reformation activity.

43.However, challenges still remain in reality and efforts are being made to ensure that corporal punishment is not carried out in all schools, nationwide. For instance, a handbook on developing positive discipline in schools has been developed for teachers. It places emphasis on creating a friendly classroom and a positive relationship between teachers and students, as well as promoting a learning-friendly environment. It also identifies the difference between discipline and punishment. The Minister of Education also prepared a Peaceful and Positive Teacher - Student Interaction and Classroom Management Project, with a view to promoting positive interaction among teachers, students and parents, and peaceful conflict resolution in schools. The targeted participants number 8.6 million persons, and the project term is 8 years (2011-2018).

44.Corporal punishment in alternative care settings (nurseries, reception homes, welfare protection centres, development and rehabilitation centres) is also prohibited under Thai law. The Regulation of the Ministry of Social Development and Human Security on Child Punishment of 2005, prescribes that guardians shall care for, supervise, maintain order and discipline, and encourage children in their custody to behave in a well-disciplined manner. Punishment for children who violate the rules or regulations are caution, admonition, deprivation of rewards and community work. The guardians are not allowed to physically or mentally assault, detain, abandon, or impose any violent measures of punishment on children. A punishment record shall be kept at the office, or at any other place, so that it is available for inspection at any time.

45.In practice, child care centres will hold a meeting with the children to determine the policy on how they should live with others, as well as the punishment in the case of any violation of the rules or regulations. These meetings allow children to participate in the determination of such punishment, and are a mechanism for promoting respect for the rules governing such coexistence. In all cases, punishment shall be imposed under the supervision of social workers and psychologists in order to protect the children from any violence.

46.With regard to children in judicial procedures, Section 42 of the Judicial and Family Court and Judicial and Family Procedures Act of 2010 stipulates the types of punishment which are to be imposed on the children or juveniles in observation centres, which consist of two types, namely, participation in programmes for behaviour change and deprivation of certain benefits. A Ministerial Regulation is being drafted to implement this provision of the law. In practice, there are orientation sessions for the children and their parents in order to provide information and answer questions they may have on disciplinary measures, benefits and complaint procedures in the case of unfair treatment. Complaint boxes are installed in the observation centres. Also, children may submit their complaints to the social workers or the Child Welfare Committee which visits the centres on a regular basis. If a complaint is received, consideration of the case will be carried out and appropriate disciplinary measures will be taken against the wrong doer, which includes discharge and dismissal.

47.Although at the present, Thai law does not explicitly prohibit corporal punishment in homes and communities, there are laws in place which indirectly provide protection for children against violence in their homes, such as the Child Protection Act of 2003, and the Domestic Violence Victim Protection Act of 2007. The Child Protection Act of 2003 contains provisions on the care of children by guardians (Sections 23 and 24), and the punishment for perpetrators of violence against children (Section 26). The Act stipulates that the offenders shall be punished for a term not exceeding three months or shall pay a fine not exceeding Baht 30,000, or both (Section 78). The Domestic Violence Victim Protection Act of 2007 also prescribes punishment for the perpetrators of violence in the form of imprisonment for a term of no more than 6 months, or a fine not exceeding Baht 60,000, or both (Section 4). There are also special measures to protect children and women from violence, such as obtaining a restraining order to prohibit the perpetrator from entering the family accommodation or approaching any family member. The Act also prescribes procedures for child care (Section 10).

48.Although Thailand has made great efforts to end violence against children in all settings, the study on violence against children and youth conducted in 2010-2011 by the MSDHS shows that a number of children remain subject to corporal punishment in their families, schools and communities. The policy and strategies to address child and youth violence are currently being formulated, and will be used as a master plan to be followed by all relevant agencies.

Reply to the issues raised in part I, paragraph 10, of the list of issues

49.Children in alternative care institutions: So far, there has been no specific in-depth study on the situation of children placed in alternative care institutions.However, there is a study on violence against children and youth, which includes children in child care centres.The study covers physical, verbal, and sexual violence against children.The sample groups for this study comprised approximately 1,400 children, and 1,400 teachers and care takers.The study shows that persons who are close to the children such as parents, guardians and teachers, still lack knowledge and understanding on child care and child rearing without using violence.In addition, the children lack knowledge and understanding on how to avoid and protect themselves from violence.The children display violent behaviour towards other persons, and understand that such behaviour is normal.The children and families do not report the abuse or violence to the relevant authorities, and thus, appropriate assistance cannot be properly provided to them.In addition, there is a lack of participation from the community or society in resolving the problem of violence.Currently, the findings of the studies are being used to formulate policy and strategies for the prevention of violence against children and youth.Campaigns are being conducted to raise awareness, knowledge and understanding of the society on violence against children and youth.The participation of children in the prevention of violence against children is being promoted.Knowledge on positive discipline is being provided to parents and teachers to promote good family relations and child rearing without the use of violence.

50.Foster-care arrangements for children: Thailand has been working to promote foster-care arrangements for children. Currently, three working Committees have been assigned to formulate an optional child care system strategy under the National Child Protection Committee. The Committees are responsible for campaigning to promote the concept and significance of a temporary replacement family; developing standards for the provision of a temporary replacement family service; and, developing management mechanisms for the improvement of the replacement family service, such as revising relevant laws and regulations.

51.With regard to child adoption in Thailand, the Child Adoption Act (No.2) of 1979 stipulates that the Child Adoption Board shall be established with the obligation to supervise and consider the approval of child adoption, and issue rules, regulations and procedures for child adoption for both the public and private sectors. The Act also prescribes procedures for the submission of child adoption applications with a minimum period of 6 months for a probationary placement, with exemptions for cognate relatives or other persons. Legal procedures concerning child adoption is a confidential process. The Child Adoption Act (No. 3) of 2010 amends the overseas child adoption policy to be in line with the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption, and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

52.Standards, monitoring and oversight: At present, Thailand has not established standards as well as monitoring and oversight systems with regard to all forms of alternative care. This matter will be considered as part of the ongoing administrative structural reform process as mentioned in Thailand’s reply to paragraph 3 of the list of issues above.

53.Alternative forms of child care in Thailand are provided primarily to two groups of children: children who have encountered family and care problems, but who have not committed any criminal offense; and children who have been in conflict with the law.

- Children who have encountered family and care problems: There are 29 child care centres operated by the MSDHS for this group of children. Standards for the operation of these centers have been developed by the MSDHS, in collaboration with Mahidol University and the Sukhothai Thammathirat Open University, with the aim of encouraging improvements in the operation of child care centres. The standards consist of five main indicators, namely, management, personnel, environment, child services and activities, and quality of children. The indicators differ according to the type of the child care centre. Since the standards were recently developed in 2010-2011, their application is still ongoing and the results of the assessment are still pending.

- Children who have been in conflict with the law: There are altogether 76 observation and protection centres, 34 reception centres and 17 training centres nationwide which host children who have been in conflict with the law. These centres are under the responsibility of the Ministry of Justice. In regard to their standards of operations, in 2002 the Ministry of Justice issued a formal Notification on this matter, which requires the Department of Juvenile Observation and Protection to ensure that rules and procedures of all centres are in compliance with the United Nations Standards. The Notification also stipulates that all relevant agencies, both public and private, shall provide education, health services, occupational training and welfare protection for all children in these centres.

54.Since 2004, the centres have been inspected by a committee three times a year to ensure their compliance with the relevant standards of the United Nations. The evaluation is based on four criteria, namely, living conditions, education, environmental management and the relocation of children and youth. The inspection in 2011 showed that 33 out of 34 reception centres and 15 out of the 17 training centres met the required standard in all four criteria.

Reply to the issues raised in part I, paragraph 11, of the list of issues

55.Thailand is not yet a State party to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol. However, in reality, Thailand has been providing assistance to externally displaced persons, including children seeking asylum and refuge in the country for several decades. While it is the case that there is no specific legislation for the protection of asylum seekers and refugees in Thailand, it should be noted that children seeking asylum and refuge in the country already benefit from the protection rendered by various national laws as well as policy measures. The Child Protection Act of 2003, the main legislation on children in Thailand, applies to all children, including children living in the nine temporary shelter areas along the Thai-Myanmar border.

56.Another piece of legislation which benefits children in the temporary shelters is the Civil Registration Act (No. 2) of 2008, which guarantees that all children born in Thailand regardless of their status are entitled to be registered at birth.As of November 2011, 2,261 new-born children in the temporary shelters in 2011 have been registered.

57.Education and health services are being provided for children in the temporary shelters as described in Thailand’s reply to paragraph 7 of the list of issues above.

58.Legal advice and counselling has been provided to women and children in the temporary shelters since 2006 through the Legal Assistance Centres (LAC) set up by the Ministry of Justice and the Ministry of Interior, in collaboration with UNHCR Thailand. Since their establishment, these centres have assisted 390 displaced persons, 130 of whom are children and women. (Information relating to this matter was provided in CRC/C/THA/3-4, para. 71.)

Reply to the issues raised in part I, paragraph 12, of the list of issues

59.Please refer to CRC/C/THA/3-4, paragraphs 73 and 78, for further information on this matter.

60.Thailand is working actively to provide better legal and social protection for informal workers who are the majority of the workforce in the country. The Government is also implementing the Strategy on the Management of Informal Labour, which serves as an operational guideline for the Ministry of Labour and relevant stakeholders in protecting and developing informal workers as a productive part of the workforce.

61.In terms of legal protection, informal workers in the agricultural sector are protected by the 2004 Ministerial Regulation which provides specific protection for this group, such as holidays and sick leave with pay. The Home Workers Protection Act of 2010, which has been in force since 15 May 2011, provides protection for informal workers in the industrial sector. The Act guarantees the rights of workers to basic welfare provided by the employers in accordance with the 1998 Labour Protection Act. The employers are legally obliged to cover the costs of medical expenses, rehabilitation and funeral expenses in case of sickness, disability or death caused by the work. A draft Ministerial Regulation on the protection of domestic workers is in the pipeline, which once enacted, will provide specific protection for this group of workers,

62.Regarding social security for informal workers, in 2010, the Cabinet approved the amendment to Article 40 of the Social Security Act, extending social security coverage to informal workers aged 15-60 years, thereby covering children working in the informal sector. A voluntary system is now in place whereby informal workers contribute financially towards social security coverage, with additional contributions from the Government. Informal workers have the choice between two schemes. The first scheme includes compensation in case of loss of earnings and disability, and death benefits. The second scheme covers the benefits of the first scheme as well as an old-age pension.

63.Upon ratification of the International Labour Organization Convention No. 182 concerning Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour on 16 February 2001, the National Committee on the Elimination of the Worst Forms of Child Labour, which is chaired by the Minister of Labour, was established as the national mechanism to oversee the implementation of the Policy and National Plan of Action for the Elimination of the Worst Forms of Child Labour for the year 2004-2009. Although such Policy and the National Plan of Action has not been systematically evaluated, Thailand has made considerable efforts in tackling the problem of child labour by reducing the employment of children under the age of 15 to approximately 1 per cent of the total labour force.

64.This is partly due to the results of activities carried out in accordance with the Plan of Action, as well as the 15 year free education programme, which have enabled children to stay longer in the education system. It is also due to awareness raising activities and the establishment of child labour prevention networks down to the village level. The National Committee on the Elimination of the Worst Forms of Child Labour will continue to address this problem with the aim to completely eradicate the worst forms of child labour in Thailand through strategies of prevention, assistance, effective law enforcement and capacity building of the labour inspection system, with particular focus on the prevention of abuse against migrant children.

Reply to the issues raised in part I, paragraph 13, of the list of issues

65.On the minimum age of criminal responsibility, although Thailand has recently increased the minimum age of criminal responsibility from 7 to 10 years of age, the country is well aware that the law still needs to be further amended to increase the minimum age of criminal responsibility to 12 years in accordance with international standards. Indeed, the Government has already made an effort in this regard by proposing a draft legal amendment to increase the minimum age of criminal responsibility to 12 years to the Parliament. Unfortunately, this proposal has not been able to pass through the previous Parliament. However, the Ministry of Social Development and Human Security will resubmit the draft legal amendment to the Cabinet for approval before resending it to the Parliament.

66.With regard to the detention of children and juveniles, Thai law guarantees that a child aged below 18 years is to be detained separately from adults.This matter was also mentioned in CRC/C/THA/3-4, paragraph 76.The Juvenile and Family Court and Juvenile and Family Procedures Act of 2010 are aimed at protecting the rights and the best interests of children or youth. Under this Act, detention or imprisonment of children or youth should only be the last resort.Regarding pre-trial detention, Section 81 of this Act prohibits the detention of alleged children or juveniles with alleged adult offenders or defendants, or in a detention cell which is provided for alleged adult offenders or defendants. Section 36 (3) prescribes the obligations of the Observation Centres to coordinate with other agencies in assisting and rehabilitating children or juveniles during and after their detention.

67.The Department of Juvenile Observation and Protection has developed an operational system and handbook for officers, which includes processes to be followed prior to and after the release of a child whereby they will be monitored for one year after their release and appropriate assistance provided to them in accordance with their specific needs.

68.With regard to children who have been in conflict with the law, they will be physically and psychologically evaluated prior to their release. Activities to reintegrate them into society are as follows:

Compulsory activities, namely, orientation and training in various areas, such as life skills training, educational and occupational counselling, public activities, home visits, activities to promote moral support. (Participants in 2011 consisted of 19,199 children and youth, 2,967 guardians, and 454 network community members. In 2010, participants consisted of 18,277 children and youth, 5,961 guardians, and 333 network community members.);

Optional activities for individuals, namely, excursions, permission to go to day school or work, permission to temporarily stay with the family prior to release, foster family - a joint meeting with the family as part of the pre-release preparation/family camp, the provision of welfare after release and referrals, and release on parole. (Participants in 2011consisted of 445 children and youth, 990 guardians, and 331 network community members. In 2010, participants consisted of 4,511 children and youth, 1,189 guardians, and 255 network community members.)

69.Based on the pre-release assessment of children and youth, 1,216 and 177 children and youth were found to require further assistance and welfare in 2011 and 2010, respectively. (Assistance comprises transportation fees for returning to the place of domicile, apparel for work during probation, or to be worn when they return home, work placement, counselling services, coordination with schools for further education, coordination with district offices for the issuance of a birth certificate, educational equipment and financial assistance to start up businesses.)

Part II

Reply to the issues raised in part II of the list of issues

70. New bills or laws and their respective regulations include the following:

(a)Ministerial Regulation on Criteria, Procedures and Conditions for the Registration of a Private Organization or a Community Organization for Child and Juvenile Development of 2010;

(b)Ministerial Regulation on System, Criteria and Procedures for Educational Quality Assurance of 2010;

(c)Regulation of the National Child Protection Committee on Procedures for the Protection of the Safety of Children at Risk of Wrongdoing of 2010;

(d)Child Adoption Act (No. 3) of 2010;

(e)Regulation of the National Committee for the Empowerment of Persons with Disabilities on Criteria and Procedures for the Submission of complaints and the Consideration of Unfair Discrimination against Disabled Persons (No. 2) of 2011;

(f)Regulation of the Department of Juvenile Observation and Protection on the Approval of the Child or Youth to Leave the Observation Centre on Occasions of 2011;

(g)Regulation of the Department of Juvenile Observation and Protection on the Approval of the Child or Youth to Study at an Academic Institution of 2011;

(h)Regulation of the Department of Juvenile Observation and Protection on the Performance and Operations of the Child and Youth Welfare Committee for the Juvenile Observation and Protection Centre of 2011;

(i)Regulation of the Department of Juvenile Observation and Protection on Criteria, Procedures and Conditions for the Development of Rehabilitation Plans;

(j)Regulation of the Ministry of Justice on Qualifications, Disqualifications, Selection Procedures and Disposition of Members of the Child and Youth Committee for the Juvenile Observation and Protection Centre of 2011;

(k)Regulation of the Department of Juvenile Observation and Protection on Benefits Entitled by Children and Youth, and Their Conduct During the Enjoyment of the Benefits Received of 2011;

(l)Occupational Safety, Health and Environment Act of 2011;

(m)Draft Ministerial Regulation on the Protection of Labour in the Fishing Industry B.E.;

(n)Draft Ministerial Regulation on the Protection of Domestic Workers B.E.;

(o)Draft Criminal Code Amendment Act (No. … ) B.E. (Amendment of the Provisions on Offenses Relating to Sex);

(p)Draft Prevention and Suppression of the Temptations of Dangerous Behaviour Act B.E.;

(q)Draft Promotion of Children and Youth Sport and Recreation Safety Act B.E.;

(r)Draft Protection of Children Born by Assisted Reproductive Technology Act B.E.;

(s)Draft Ministerial Regulation on Criteria and Procedures for the Punishment of Child and Youth B.E.;

71.New institutions (and their mandates) or institutional reforms include the following:

(a)The Royal Decree on the Establishment of Thailand Institute of Justice of 2011, prescribes the establishment of the Thailand Institute of Justice to promote the implementation of the United Nations Standards for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (Bangkok Rules) in Thailand and in other nations.

(b)On 3 May 2011, the Cabinet approved the principle of the Draft Reorganization of Ministries, Sub-ministries, and Departments (No. ) Act B.E. ...., which is to improve the organizational structure of the Ministry of Social Development and Human Security by grouping policy-based and operational work regarding the same target group within the same agency, and reorganizing the MSDHS into 6 departments, namely, Office of the Permanent Secretary, Department of Social Welfare, Department of Women’s Affairs and Family Development, Department of Child and Youth’s Affairs, Department for the Promotion of Child and Youth’s Affairs, Department of the Empowerment of Persons with Disabilities, and the Department of Older Persons’ Affairs.

(c)The Office of the Basic Education Commission established the Ad-hoc Office on Special Education in the Southern Border Provinces (SBPs) with an aim to promote, support, coordinate, and develop education in the SBPs, which includes providing quality basic education, based on cultural diversity, and in conformity with the identity, way of life and needs of the community.

72.Recently introduced policies, programmes, action plans and their scope andfinancing include the following:

(a)The National Child and Youth Development Plan, 2012-2016 (which integrates the National Policy and Strategic Plan for Child Development according to “A World Fit for Children” 2007-2016, and the Child-Friendly City Strategy);

(b)National Policy and Plan to Eliminate the Worst Forms of Child Labour, 2009-2014;

(c)Basic education development plan in the ad hoc special development area in the Southern Border Provinces, 2010-2012;

(d)Roadmap on the elimination of unfair discrimination against persons with disabilities;

(e)Policies, strategies and measures for the prevention and suppression of human trafficking, 2012-2016;

(f)Strategic plan on health development for children and teenagers, 2009-2011;

(g)Strategy for the prevention of teenage pregnancy.

73.Recent ratifications of human rights instruments include the following:

(a) Thailand is in the process of considering becoming a party to the Optional Protocol to the Convention on the Rights of the Child on a communication procedure.

(b) Thailand is in the process of considering becoming a party to the Optional Protocol to the Convention on the Rights of Persons with Disabilities.

(c)Thailand is a signatory to the International Convention for the Protection of All Persons from Enforced Disappearance (Thailand signed the Convention on 9 January 2012) and is in the process of ratifying the Convention.

(d)Thailand is in the process of considering becoming a party to ILO Conventions No. 87 concerning Freedom of Association and Protection of the Right to Organise, and No. 98 concerning the Right to Organise and Collective Bargaining.

Part III

Reply to the issues raised in part III, paragraph 1, of the list of issues

74.The tables below provide date on children in informal and formal alternative care:

Table 1: Children in Child Care Centres, Classified by Type of Centres, in 2010

No.

Type

Existing ( Persons )

New ( Persons )

Released ( Persons )

Remaining ( Persons )

Male

Female

Male

Female

Male

Female

Male

Female

1

Nursery

1,066

811

459

350

467

323

1058

83

Total

1,877

809

790

1,896

2

Child Care Centre

1,695

1,350

293

246

334

247

1,654

1,349

Total

3,045

539

581

3,003

3

Safety Protection Centre

409

135

109

25

83

30

435

130

Total

544

134

113

565

4

Reception Centre

141

88

247

54

248

52

140

90

Total

229

301

300

230

5

Development and Rehabilitation Centre

50

56

27

82

20

20

47

118

Total

96

109

40

165

Gross Total

5,791

1,892

1,824

5,859

Source : Department of Social Development and Welfare, Ministry of Social Development and

Human Security

Table 2: Children in Child Care Centres, Classified by Cause of Placement, in 2010

No.

Type

Existing ( Persons )

New ( Persons )

Released ( Persons )

Remaining ( Persons )

Male

Female

Male

Female

Male

Female

Male

Female

1

Orphan ed

251

131

44

29

49

24

245

136

2

Abandoned

521

328

161

105

142

105

540

32

3

Homeless

263

105

112

14

111

20

264

99

4

Lost

49

23

21

1

24

3

45

21

5

Abused

88

188

24

91

21

42

91

237

6

Domestic Violence

71

214

12

83

17

51

66

246

7

Children receiving aid

59

33

12

6

18

6

53

33

8

Children with behavioural problem

308

118

208

60

114

43

402

13

9

Children under the Anti-Trafficking in Persons Act of 2008

59

65

30

11

62

21

27

55

10

Imprisoned parents

209

174

59

61

57

46

211

189

11

Parents with illnesses or disabilities

87

79

24

28

30

13

81

94

12

Poor parents

572

317

146

91

172

67

546

341

13

Broken Family

250

159

90

65

96

52

244

172

14

Children born out of wedlock

118

91

71

450

60

33

129

103

15

Children infected with HIV /AIDS

141

163

20

180

20

40

141

41

16

Children affected by HIV/AIDS

33

34

3

-

3

2

33

32

17

Others

23

218

98

49

155

104

216

163

Total

3,351

2,440

1,135

757

1,152

672

3,334

2,525

Gross Total

5,791

1,892

1,892

5,859

Source : Department of Social Development and Welfare, Ministry of Social Development and

Human Security

Table 3: Children in Public Nurseries, Classified by Age, in 2010

Age

Nurseries (Persons)

Total (Persons)

Male

Female

0-1

213

187

400

1-2

72

45

117

2-3

49

38

87

3-4

40

23

63

4-5

68

34

72

5-6

43

20

63

over 6

4

3

7

Total

459

350

809

Source : Department of Social Development and Welfare, Ministry of Social Development and

Human Security

Table 4: Children in Child Care Centres, Safety Protection Centres, Reception Centres , Development and Rehabilitation Centres, Classified by Age, in 2010.

Age

Child Care Centres (Persons)

Safety Protection

Centres (Persons)

Reception Centres (Persons )

Development and Rehabilitation Centres (Persons)

Total (Persons)

Male

Female

Male

Female

Male

Female

Male

Female

Male

Female

Below 6

13

3

-

2

-

-

-

-

13

5

7-10

151

84

20

3

42

7

3

1

216

94

10-13

55

57

41

11

83

15

7

24

186

107

13-16

54

61

46

8

99

31

11

44

210

144

16-18

14

17

2

1

20

1

6

13

42

32

18 and Over

6

24

-

1

3

-

-

-

9

25

Total

293

246

109

25

247

54

27

82

676

407

Gross Total

539

134

301

109

1,083

Source : Department of Social Development and Welfare, Ministry of Social Development and

Human Security

Table 5: Children in Child Care Centres, Safety Protection Centres, Reception Centres, and Development and Rehabilitation Centres, Classified by Domicile, in 2010.

Domicile

Child care Centres (Persons)

Safety Protection Centres (Persons)

Reception Centres (Persons )

Development and Rehabilitation Centres (Persons)

Total (Persons)

Male

Female

Male

Female

Male

Female

Male

Female

Male

Female

Bangkok

105

77

13

-

69

14

2

9

189

100

Central Region

148

148

22

7

87

24

8

10

265

189

Northern Region

104

59

12

-

10

3

4

37

130

99

Southern Region

141

113

19

3

4

1

3

7

167

124

Northeastern Region

159

109

38

4

26

9

9

15

232

137

Eastern Region

47

15

3

10

13

3

1

4

64

32

Unknown

48

73

2

1

1

-

-

-

51

75

Foreign Country

-

2

-

-

37

-

-

-

37

2

Total

752

596

109

25

247

54

27

82

1,135

757

Gross Total

1,348

134

301

109

1,892

Source : Department of Social Development and Welfare, Ministry of Social Development and Human Security

Reply to the issues raised in part III, paragraph 2, of the list of issues

75.Children with disabilities, living with their families: The collection of data of persons with disabilities in Thailand is collected by 2 approaches: (i) survey on handicaps and disabilities carried out by the National Statistical Office of Thailand; (ii) registration of persons with disabilities by the Ministry of Social Development and Human Security. The data on children with disabilities, as provided in this report is based on the database of the registration of persons with disabilities.

Table 6: Children with Disabilities Who Have Been Issued Disabilities ID Card, Classified by Type of Disabilit y , 2009-2011

Type of Disability

2009 (Persons)

2010 (Persons)

October 2011 (Persons)

Male

Female

Total

Male

Female

Total

Male

Female

Total

Vision Impairment

152

104

258

652

461

1,113

376

274

650

Hearing Impairment

255

190

445

1,180

907

2,087

825

7255

1,550

Mobility or Physical Impairment

856

568

1,424

3,170

2,089

5,259

1,870

1,212

3,082

Psychological and Behavioural Disorder, or Autism

153

57

210

915

243

1,158

689

172

856

Intellectual Impairment

781

562

1,343

3,489

2,527

6,016

2,333

1,671

4,004

Learning Impairment

59

26

85

561

203

764

263

82

345

Multiple Disabilities

544

354

898

2,814

1,871

4,685

2,235

1,482

3,717

Not Specified

122

96

218

395

262

657

41

24

65

Total

2,929

1,957

4,881

13,176

8,563

21,739

8,627

5,642

14,269

Source : Office of the Empowerment of Persons with Disabilities, Ministry of Social Development and Human Security

76.Children with disabilities living in child care centres:

Table 7: Children with Disabilities in Welfare Centres for Persons with Disabilities, Classified by Type of Disabilit y , 2009-2011

Year

Type of Disability

Total (Persons)

Physical (Persons)

Brain and Intellectual (Persons)

Psychological (Persons)

Autism (Persons)

Male

Female

Total

Male

Female

Total

Male

Female

Total

Male

Female

Total

2009

247

165

312

975

770

1,745

-

-

-

19

6

25

2,182

2010

245

156

401

921

754

1,675

-

-

-

73

22

95

2,171

2011

250

156

406

923

745

1,668

-

-

-

82

23

105

2,179

Total

752

377

1,119

2,819

2,269

5,088

-

-

-

184

51

225

6,532

Source : Department of Social Development and Welfare, Ministry of Social Development and Human Security

77.Children with disabilities placed in foster care: There are no children with disabilities placed in foster care.

Reply to the issues raised in part III, paragraph 3, of the list of issues

78.Children living in hill tribe areas of the State party:

Table 8: Children Residing in Hill Tribe Areas, Classified by Province, in 2010

No.

Province

Number (Persons)

Total

(Persons)

Adult

Boy

Girl

Total Children

1

Kanchanaburi

43,294

11,592

11,525

23,117

66,411

2

Kamphaengphet

7,293

1,501

1,474

2,975

10,268

3

Chiang Rai

98,076

18,519

17,882

36,401

134,477

4

Chiang Mai

45,709

53,234

55,249

108,510

354,219

5

Tak

80,421

28,143

27,431

55,574

135,995

6

Nan

64,331

13,977

14,500

28,477

92,808

7

Prachuap Khiri Khan

2,282

453

553

1,006

3,288

8

Phayao

15,992

4,430

4,324

8,759

24,746

9

Phitsanulok

5,968

1,707

1,671

3,378

9,346

10

Phetchaburi

8,160

1,034

9,264

10,298

18,458

11

Phetchaboon

13,787

3,418

3,091

6,509

20,296

12

Phrae

15,709

2,023

1,944

3,967

19,676

13

Mae Hong Son

18,942

21,281

20,159

41,410

160,052

14

Ratchaburi

15,429

3,024

2,748

5,771

21,201

15

Lampang

12,590

2,009

1,967

3,976

16,566

16

Lamphun

40,218

5,648

5,249

10,897

51,115

17

Loei

1,805

-

-

-

1,805

18

Sukhothai

3,438

631

696

1,327

4,765

19

Suphanburi

7,809

407

297

704

8,513

20

Uthaithani

7,295

1,749

1,486

3,235

10,530

Total – 20 Provinces

808,258

174,750

181,537

356,287

1,164,535

Source: Department of Social Development and Welfare, Ministry of Social Development and Human Security

79.Regarding children who have been victims of sexual abuse and exploitation, as well as the number of complaints, investigations and prosecutions carried out in this regard in 2009 and 2010, this information is provided in Thailand’s reply to the issues raised in paragraph 1 of the list of issues relating to the consideration of Thailand’s initial report on the implementation of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (CRC/C/OPSC/THA/Q/1).

80.Data on children living in refugee camps are provided in table 9 below:

Table 9: Displaced Children Below 15 Years of Age Living in the Temporary Shelter Areas along the Thai-Myanmar Border, as of August 2001

No.

Name of the Shelter

Number (Persons)

Total (Persons)

Boy

Girl

1

Ratchaburi (1 shelter)

Ban Tham Hin

1,261

1,298

2,559

2

Kanchanaburi (1 shelter)

Ban Ton Yang

821

854

1,275

3

Mae Hong Son (4 shelters)

3.1 Ban Mai Nai Soi

2,496

2,143

4,909

3.2 Ban Mae Surim

496

477

973

3.3 Ban Lama Luang

2,350

2,275

4,625

3.4 Ban Mae La-Oon

2,033

2,107

4,140

Total in Mae Hong Son

7,415

7,271

14,686

4

Tak (3 shelters)

4.1 Ban Mae La

8,873

8,766

17,639

4.2 Ban Um Piam

2,344

2,283

4,627

4.3 Ban Nu Pho

3,891

3,778

7,669

Total in Tak

15,108

14,827

29,935

Total – 7 Shelters

24,605

24,250

98,855

Source: Office of the Permanent Secretary to the Ministry of Interior

81.Data on children of migrant workers are contained in the following tables:

Table 10: Children of Migrant Workers Aged 0-15 Years Old, who have been Registered as Children of Migrant Workers or Registered at Birth, Classified by Nationality

Type

Nationality (Persons)

Total (Persons)

Burmese

Laos

Cambodian

Registered as children of migrant workers

(Resolution of the Cabinet, dated 26 May 2009)

4,858

166

315

5,339

Registered as children of migrant workers

(Resolution of the Cabinet, dated 26 April 2011)

12,411

2,058

4,458

18,923

Registration of Birth

(January – August 2011)

N/A

N/A

N/A

6,840

Source: Department of Provincial Administration, Ministry of Interior

Table 11: Children of Migrant Workers Aged 0-15 Years Old, who have been Registered as Children of Migrant Workers or Registered at Birth, Classified by Sex

Type

Male

Female

Total

Registration of personal status

(Resolution of the Cabinet, dated 26 May 2009)

2,854

2,485

5,339

Registration of personal status

(Resolution of the Cabinet, dated 26 April 2011)

10,255

8,668

18,923

Registration of birth

(January – August 2011)

N/A

N/A

6,840

Source : Department of Provincial Administration, Ministry of Interior

82.Statistical data on working children as contained in the tables below:

Table 12: Working Children Aged 15 to below 18 Years Old

Year

Number (Persons)

2004

334,207

2006

263,814

2009

253,589

2011 (first quarter)

227,013

Source: National Statistical Office of Thailand , Ministry of Information Technology and Communication

Table 13: Working Children Aged 15 to below 18 Years Old in 2011 (First Quarter), Classified by Region

Region

Number (Person)

Percentage

North

34,087

0.15

Northeast

46,717

0.21

Central

54,206

0.24

South

55,584

0.24

Bangkok

20,008

0.09

5 Perimeter provinces (Nakhon Pathom, Pathumthani, Nonthaburi, Samut Prakarn and Samut Sakhon)

16,411

0.07

Total

227,013

100.0

Source: National Statistical Office of Thailand , Ministry of Information Technology and Communication

83.Children in detention centres:

Table 14: Children and Youths in Custody of the Department of Juvenile Observation and Protection, Nationwide, 2009-2010

Year

Reception Centres (Persons)

Training Centres (Persons)

Total

(Persons)

Male

Female

Total

Male

Female

Total

2009

2,808

315

3,123

5,899

372

6,271

9,394

2010

2,996

325

3,321

6,237

376

6,613

9,934

Source: Department of Juvenile Observation and Protection, Ministry of Justice.

Table 15: New Children placed in Observation Centres Nationwide , 2009 - 2010, Classified by Sex

Year

New Placement

Total

Male

Female

2009

42,604

3,767

46,371

2010

40,431

3,626

44,057

Source: Department of Juvenile Observation and Protection, Ministry of Justice.