CRC/C/THA/CO/3-4
detention or deportations to a country where their lives might be in danger. In this
regard, the Committee encourages the State party to seek technical assistance from
the Office of the United Nations High Commissioner for Refugees (UNHCR). The
Committee also recommends that the State party ratify the 1951 Convention relating
to the Status of Refugees and its 1967 Protocol and establish a national legal and
institutional framework for protection of refugees.
Children in situations of migration
72.
The Committee welcomes the amendments to the Labour Protection Act in 2008,
which enable migrants to engage in lawful employment and access social welfare, including
access to health and education. However, the Committee is concerned that many migrant
workers in irregular situations and their children face arrests and deportations without any
risk assessment as to whether their return would be safe. Additionally, children of migrant
workers often live in poor conditions, and many of them are subjected to working long
hours in hazardous conditions.
73.
The Committee recommends that the State party conduct a risk assessment
study as to whether the return of migrants and their children to their countries of
origin would be safe. Furthermore, the Committee recommends that the State party
take necessary legislative and policy measures to protect children in various migration
situations from exploitation and hazardous working conditions.
Economic exploitation including child labour
74.
The Committee notes the Home Workers Protection Act adopted in 2011 which
provides for protection of conditions of employment, minimum wages and safe working
environment for children 15 years of age and over, as well as the National Policy and Plan
to Eliminate the Worst Forms of Child Labour for 2009-2014. However the Committee
remains concerned that the State party’s legislation does not provide protection to informal
workers in agriculture, tourist industry, begging and domestic service, where children aged
below 15 years, especially foreign children and children in street situations, are mostly
involved.
75.
The Committee recommends that the State party study and provide, in its next
periodic report, information on the employment of children in the informal sector,
such as in agriculture, tourist industry, begging and domestic service, and take
measures to reinforce the labour inspection system to monitor and detect children
working in these sectors. It urges the State party to amend its legislation to prohibit
involvement of children in informal sectors with particular attention to vulnerable
groups of children such as foreign children and children in street situations. It
recommends that the State party consider ratifying the ILO Convention N°189 (2011)
concerning decent work for domestic workers.
Sexual exploitation and abuse
76.
The Committee welcomes the Amendments to the Penal Code (Nos. 19 and 20) of
2007 establishing punishments for the crime of rape based on the age of the victim. It is,
however, seriously concerned about widespread sexual exploitation and abuse of children,
boys and girls, within the State party. It is further concerned about the lack of protection of
child victims from perpetrators, especially in the family, a concern which is reinforced by
the long duration of investigations and proceedings in criminal cases on sexual abuse. The
Committee is also concerned at the increase of trafficking of foreign children from
neighbouring countries into Thailand for sexual exploitation, contributing to the large child
sex tourism industry in the country, while Thai children are often trafficked to foreign
countries for sexual exploitation. Furthermore, the Committee expresses concern that
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