Proptection and adoption of orphan under Thai Child Protection Act, 2003

Abstract

Thailand is a democratic and Buddhist country with the king as Head of the State. There are many provisions in the revised constitution of the Kingdom of Thailand, 1997(CKT,1997) and CKT, 2007 that provide the principles of democracy such as the protection of the interests of a child. By virtue of CKT,1997, the Thai Child Protection Act, 2003 (TCPA 2003) was promulgated and was subsequently enforced on 24 September, 2003. The objectives of the study are to investigate the provisions of TCPA, 2003 concerning the children right and orphans’ right of living in the orphanage centers and the current scenario on the status of the chidren at risk in Thailand . This is because the chilrden in the southern region of Thailand are subjected to ongoing unrest. The data illustrated the presence of high level of victims are among the children aged 6 to 10 years old, about 4,304.00 children are orphans. Since the Act of 2003 is new, it faces many challenges and obstacles, the challenges facing the Royal Thai Government in relation to the issue of adoption and nationality for orphans and the conditions of living in the orphanage centres in southern region. The historical background and modern development of child protection laws in Thailand and the protection and care of the ophans under TCPA, 2003 are also discussed. It is suggested that article 7 of TCPA, 2003 concerning child protection committee members need to be revised, and Children Protection Committee Member may involve elected representative from central Muslim religious council and Muslim magistrates from the four southern border provinces of Thailand. The study also suggested that the government, civil society and communities need to complement each other and work towards creating a protective environment for children and orphans. Also, support systems must ensure fulfillment of basic needs of the families of widows and orphans without any discrimination.