Legal Measure in the Protection of Children with Risk Behaviors
Keywords:
Protection of children, Children rights, Children with risk behaviorsAbstract
The objectives of this research were to study the legal concepts and theories of the protection of children in abroad to be compared with the thai legal measure in the protection of children with risk behaviors under Child Protection Act B.E. 2546 (A.D.2003) The study showed that there were problems regarding the interpretation of a term defined in Article 4: “child at risk of wrongdoing” because the law broadly defined the term, and it did not adequately specify the level of violent behavior of children who were in need of welfare protection from the government agency. And that leads to discrimination against children. Moreover, the law authorizing many agencies to issue the ministerial regulations, so the ministerial regulations issued by different agencies would be contrary. As a result, children with risk behaviors in different areas were not properly protected under the same legal measure.
References
2 Convention on the Rights of the Child, 1989 , accessed From http://www.ohchr.org/EN/ProfessionalInterest/Pages/
CRC.aspx.
3. Charernthanawat K, Basic Principles of public Law, (3rd Edition), Bangkok:Winyuchon, 2015
4. Child Protection Act B.E. 2546, Section 22, Section 26 (3)
5. Constitution of the Kingdom of Thailand B.E. 2560, Section 71, Paragraph 3
6. The U.N. Convention on The Rights of The Child 1989 Article 2 : States Parties shall respect
and insure the rights set forth in the present convention to each child within their jurisdiction
without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal
guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or
social origin, property, disability, birth or other status.
7. The U.N. Convention on The Rights of The Child 1989 Article 3 (1) : In all action
conceming children, whether undertaken by public or private social welfare institution,
courts of law, administrative authorities or legislative bodies, the best interests of the child
shall be primary consideration
8. Pouypung W, Legal Problems and Obstacles on Enforcement of Children Protection
Act B.E. 2546, Thesis of Master of Laws Program in Public Law, Graduate School,
Sripatum University, 2012 : p 112.
9. Thanawattho N, No Violence-Thirty Years after the Ban on Children Punishmentin
Sweden :Regional Officer for Child Protection, Swedish Child Support
Organization, 2009 p :14)
10. Vanachakij S, Cheewitsophon A, Handouts in Child Protection Act B.E. 2546,
Bangkok :Central Juvenile and Family Court,
11. Royal Thai Government Gazette, Ministerial Regulations in Child at Risk of Wrongdoing
B.E. 2549, Book 123, Part 84 Kor, dated 22 August 2006, Thai
12. Internet thai association, administrative Court Get a lawsuit, internet Café sue Interior
minister, accessed From http://talk.ict.in.th/55625
13. Hot News, Police raids monastery act tattoos for the students, accessed From
http://tnews.teenee.com/crime/8440. html
14. Manager Online, Order to 21 Vocational Colleges Prohibited “Children with
Fighting Record- EarPiercings –Tattoos”to Study,2014, retrieved on 18 May 2015, accessed
From http://w3manager.co.th/Qol/ViewNews.aspx?NewsID=9570000109546, 2014.
15. Labor Protection Act B.E. 2541,Amended (No. 3) B.E. 2551, Category 6 on Payroll
Committee, Section 91 stipulated that should have the Payroll Committee Office in
the Ministry of Labor with the following authorities.........”compared with National Child
Protection Committee
16. Yimwilai C, Siamrath online, accessed From https://siamrath.co.th/n/14381
