Juvenile Justice System in Thailand

1. Juvenile Justice System in Thailand Dr. KattiyaRatanadilok, Head of Research and Development Department of Juvenile Observation and Protection: DJOP

2. Topics • Understanding the Juvenile Justice System in Thailand. • Current practices and development of the Juvenile Justice System in Thailand. • Discussion of challenges and recommendations.

3. Understanding the Juvenile Justice System in Thailand

4. Juvenile Justice System in Thailand • Child’s Right and Child Protection in the Field of Juvenile Justice. • The primary instrument guiding the development of juvenile justice in Thailand, and many other countries, is the United Nations Convention on the Rights of the Child (CRC), of 1989 • State parties are obliged to give effect to the Convention by means of laws, policies and practices designed to further its goals.

5. The international framework • Torture or other cruel, inhuman or degrading treatment or punishment is prohibited. • The death penalty and life imprisonment without possibility of release cannot be imposed for offences committed by persons below 18 years. • Deprivation of a child’s liberty should never be unlawful or arbitrary and should only be a measure of last resort and for the shortest appropriate period of time.

6. Development of the juvenile justice system in Thailand • Juvenile justice is a system distinct from the adult system and it has been created by legislation; the Act Instituting • The Juvenile Courts and the Juvenile Procedure , B.E.2494 (1951). • The Central Juvenile Court and the Central Observation and Protection Center were established by virtue of the Act in 1952. • All courts of justice became independent and are separated from the Ministry of Justice under the Constitution B.E.2540 (1997).

7. Development of the juvenile justice system in Thailand • The Juvenile Observation and Protection Centre was appointed to be Juvenile Observation and Protection Department on the 9th October B.E. 2545 (2002) • Currently, the Department has authorities, responsibilities and its organization’s allocations in accordance with the Juvenile and Family Court Act B.E. 2553 (2010) under the Ministry of Justice.

8. Missions of the DJOP

9. Current practices of development of the Juvenile Justice System in Thailand

10. Types of Services by the DJOP • Juvenile Observation and Protection Center: Classification Homes (44) • Juveniles Observation and Protection Center with Remand Homes (33) • Juveniles Training Schools: Residential Programs (19)

13. Training School

14. Educational/Vocational Training

17. The Juvenile Justice Reform Project

18. The Juvenile Justice Reform Project (JJRP) Building Network of Cooperation including Family / Community / Related agencies Develop system of assessment, screening, and classification Develop system of treatment and rehabilitation Develop system of pre-release and post-release follow-up Principle agencies Dept. of Juvenile Observation and Protection / Department of Probation / Juvenile and Family Court Develop Alternative Justice System

19. โครงการประสานความร่วมมือองค์กรเครือข่ายเพื่อการคืนเด็กในกระบวนการยุติธรรมสู่สังคมโครงการประสานความร่วมมือองค์กรเครือข่ายเพื่อการคืนเด็กในกระบวนการยุติธรรมสู่สังคม • Community Associations Reintegration Effort • For Children in Conflict with Law • : CARE for Children Project) Funded by UNICEF Thailand

20. Community Associations Reintegration Effort For Children in Conflict with Law : CARE for Children Project (2013-2015) • There are very limited least restrictive measures that are effective in the community for the children and youth in conflict with the law, pre- or post-trial, and there is public pressure to take these children out from their communities. • The need for increasing age of criminal responsibility. • Capacity building for the excising Community Based Organizations to provide care for the children age 10-14 as part of the alternatives to detention.

21. Challenges and Recommendations.

22. Challenges • Over crowded inadequate resources ineffective treatment/intervention high rate of recidivism. • Inadequate diversion measures and alternatives to detention. • The needs for alternative sanctions that promote integration back into the community. • Community based programs. • Minimum Age of Criminal Responsibility (MACR). • The CRC concluded that the MACR at below 12 is not internationally acceptable. • Need for establishment of the child welfare system that can provide a comprehensive services for the children in conflict with law under the MACR.

23. Important Priority for the Society • Public pressure to be tough on crime. • Ensuring public safety and reducing the number of repeat offenders. • However, research indicates that imprisoning children for minor crimes affects their ability to maintain social and family bonds, and their ability to reintegrate into their community and to find employment when released. • Youthful offenders sent to prison have higher rates of recidivism than those given alternative sanctions.

24. Recommendations • Better social and child welfare system and support. • Better prevention programs that include family and community. • Early detection of the problems. • Appropriate kinds and levels of interventions from experts that: • Fit the needs and problems of the juveniles • Encourage family and community involvement • Offer alternative measures • Detention of juveniles should be an exceptional measure, used only for the minority of children who have committed serious and violent crimes.

25. Recommendations • Awareness raising on the needs for child protection for the children in conflict with law • because oftentimes the children in conflict with the law and the children in need of protection is the same person. • Capacity building for staff, i.e. positive discipline. • Incorporate the existing mechanism of knowledge and support from within and outside of country. • Sharing the best practices among the neighboring countries. • Continue for research and development.

26. Our Vision "To be the leader in delivering excellent services in protecting children’s rights and rehabilitating and returning good and productive juveniles into society"

27. Finally … Thank you for the continuation of support from Thai Health Promotion Foundation UNICEF Thailand IJJO The ASEAN country members.

28. “We Serve with Love and Care”