CRC/C/THA/CO/3-4
B.
Definition of the child (art. 1 of the Convention)
31.
While welcoming that the legal minimum age of marriage is 17 years for both boys
and girls, the Committee expresses concern that this age limit can be lowered to 13 years in
cases where children are sexually abused and may consequently marry the perpetrators,
who in turn avoid any criminal prosecution for the crime.
32.
The Committee recommends that the State party consider raising the minimum
age of marriage to 18 years and maintain it under all circumstances, in particular in
cases where children have been sexually abused. It recommends that the State party
prosecute and punish perpetrators of sexual abuse against children without any
exceptions.
C.
General principles (arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
33.
The Committee notes the measures that are being taken to eliminate to some extent
the disparities in access to education and health as well as special measures taken
concerning children in the disadvantaged North-East and South of the country.
Nevertheless, the Committee expresses concern that the efforts are insufficient to eradicate
both direct and indirect discrimination against children, particularly with respect to the girl
child, children with disabilities, children of indigenous, religious or ethnic minority
communities, children of refugees and asylum-seekers, children of migrant workers,
children in street situations, children living in rural areas, and children living in poverty.
The Committee remains deeply concerned about regional disparities, especially in the
North-East and South, regarding access to social, health and educational services for
children.
34.
The Committee reiterates its previous recommendations (CRC/C/THA/CO/2,
paras 25-26) and urges the State party to take more effective measures to:
(a)
Ensure that all children within its jurisdiction enjoy all the rights
enshrined in the Convention on the basis of non-discrimination by effectively
implementing existing laws which guarantee that principle;
(b)
Prioritize and allocate adequate resources for social services and
accelerate the provision of equal opportunities to health and education and other
services for the most vulnerable groups of children as mentioned in paragraph 33;
(c)
Carry out comprehensive public education campaigns to prevent and
combat all forms of discrimination;
(d)
Collect data that is appropriately disaggregated to enable effective
monitoring of de facto discrimination and provide a basis for corrective action.
Best interests of the child
35.
While noting the State party’s information that various laws affecting the rights of
children incorporate the principle of the best interests of the child, the Committee is
nevertheless concerned that this principle is not fully applied in judicial and administrative
proceedings and decisions and in decisions regarding placement and management of
alternative care.
36.
The Committee recommends that the State party take all appropriate measures
to ensure that the principle of the best interests of the child, in accordance with article
3, paragraph 1, of the Convention, is fully applied in all legal provisions, as well as in
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