BANGKOK — Following the government’s decision to withdraw the reservation to Article 22 of the Convention on the Rights of the Child (CRC), which concerns the rights of refugee children, an online debate has arisen.
This led to misunderstandings in society as some believed that all foreign children in Thailand would automatically be granted Thai citizenship.
The controversy stems from a post by the UN Human Rights Office (OHCHR) for Southeast Asia on Friday, in which it welcomed Thailand’s withdrawal of the reservation to Article 22 of the CRC, stating that this would significantly improve the protection of the human rights of refugee and asylum-seeking children in Thailand.
On September 9, the Ministry of Foreign Affairs clarified that the withdrawal of the reservation to Article 22 does not mean that foreign children will automatically be granted Thai citizenship.
Instead, it ensures that refugee children receive adequate protection and humanitarian assistance, as the Convention states: “States Parties shall take appropriate measures to ensure that a child claiming refugee status receives protection and humanitarian assistance, whether or not he or she is accompanied by his or her parents.”
Thailand has been a party to the Convention on the Rights of the Child since 1988. It is one of 196 countries that have signed the Convention, making it the most ratified treaty in the world.
The withdrawal of this reservation follows a review of the legal framework and cooperation with other nations to find solutions for the accommodation and resettlement of refugees. The issue of granting nationality to foreigners remains subject to national law and is not related to the withdrawal of this reservation.
Previously, on August 30, 2024, the Department of Children and Youth announced that Thailand had made a formal declaration withdrawing its reservation to Article 22 of the Convention, which concerns the protection of refugee and asylum-seeking children. This reflects Thailand’s commitment to protect the rights of all children equally and without discrimination.
On July 9, 2024, the Cabinet approved the withdrawal of the reservation to Article 22 of the CRC, which concerns the protection of refugee and asylum-seeking children, as proposed by the Ministry of Social Development and Human Security. Thailand has continuously protected and provided services to refugee children in accordance with appropriate measures.
Warawut Silpa-archa, Minister of Social Development and Human Security, addressed concerns raised by a content creator and the public on social media regarding the Convention on the Rights of the Child, particularly Article 22, which states that a child has the right to care, including education, health care, food and proper development.
“There has been a misunderstanding that Thailand must grant citizenship to these children under Article 22, which is completely false,” he said.
Warawut explained that Article 22 of the CRC does not mention nationality at all. It focuses on protection and ensuring that a child can grow up physically and mentally with the care they deserve. Importantly, Article 22 has been implemented worldwide for over 40 years and has been ratified by more than a hundred countries.
“I want to make it clear to those who wonder why Thailand has to take care of foreign children and does not prioritize Thai children. We take care of all children. And when Thai children are in need abroad, these countries take care of Thai children as well as their own, but they do not grant citizenship to anyone,” Wara Wut said.
He reiterated that Thailand’s endorsement of Article 22 of the CRC does not mean that anyone will be granted citizenship. He urged the public to disseminate accurate information as misconceptions are widespread while accurate information is less common. He asked everyone to help disseminate the correct information.
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