Thailand withdraws reservation on refugee children's rights, welcomed by UN Human Rights Office
Thailand's withdrawal of its reservation on Article 22 of the CRC is hailed by the UN, marking a key step in enhancing protections for refugee and asylum-seeking children.
The UN Human Rights Office for South-East Asia (OHCHR) has praised Thailand for its decision to withdraw its reservation on Article 22 of the Convention on the Rights of the Child (CRC), a move expected to improve the protection of refugee and asylum-seeking children in the country.
Cynthia Veliko, the OHCHR Representative for South-East Asia, hailed the decision, calling it "a significant, positive step" toward aligning Thailand’s laws with international standards. "This move helps protect the rights of all children on the move, no matter their nationality or origin," Veliko said.
The Thai Cabinet's decision to withdraw the reservation took effect on 30 August 2024. Article 22 of the CRC ensures that refugee and asylum-seeking children receive protection, humanitarian assistance, and equal access to services provided to national children, in line with international human rights laws to which Thailand is a party.
This withdrawal is also expected to strengthen the implementation of Thailand's National Screening Mechanism (NSM), introduced on 22 September 2023.
The NSM grants the status of "protected person" to individuals who cannot return to their home countries due to the fear of persecution. However, despite these legal advancements, children without legal status in Thailand remain at risk of being detained in immigration facilities.
The UN has raised concerns over the continued detention of children despite the Thai government's 2019 Memorandum of Understanding on Alternatives to the Detention of Children (MOU-ATD). The UN Committee on the Rights of the Child has reaffirmed that every child has a fundamental right to liberty and should not be detained based on their migration status.
Veliko urged Thailand to focus on ending child immigration detention and adopting human rights-based alternatives.
"Children on the move are children first and foremost," Veliko stressed, adding that detention due to migration status is never in the best interests of children.
The UN Human Rights Office expressed its readiness to assist the Thai government in developing alternatives to detention, ensuring that all children receive the protection and care they need.
