“A high schooler sustained a serious cut into his neck. While being hospitalized, he posted the picture of his wound on social media and pointed his finger at another schoolboy who has since been a subject of public condemnation. Before police concluded their investigation, an interprofessional team however found out that the victim had long bullied his attacker physically and verbally. The attacker, who was antisocial and aggressive, comes from a broken family and suffers from depression. Upon being teased as a child of divorced parents, he snapped”.
This case was raised at an online seminar on the “United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice”. The Thailand Institute of Justice (TIJ) and Nitivajra Institute of the Office of the Attorney General jointly hosted the event on 15 July 2021 to release the Thai version of the UN Model Strategies and Practical Measures, which were designed to guide relevant authorities about children protection, and to listen to practitioners’ opinions.
The UN Model Strategies and Practical Measures are an international guideline for state members to apply to their context for the goals of ending violence against children in all settings including in judicial process and of promoting compliance with UN standards.
Mr. Vongthep Arthakaivalvatee, advisor to the TIJ and former deputy secretary general of ASEAN for the ASEAN Socio-Cultural Community, said the UN first compiled a report on the elimination of violence against children in 2006. Six years later, it started considering the establishment of a committee to draw up model strategies and practical measures for the purpose. Thailand played an important role that year as the chair of the 21st Commission on Crime Prevention and Criminal Justice meeting. In 2012, the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations Office on Drugs and Crime (UNODC), and the Special Representative of the Secretary-General on Violence against Children also released a report on the prevention of and responses to violence children within the juvenile protection system for the first time.
“Although these model strategies and practical measures just set standards and norms without having binding legal effects, they are good for implementation. Thanks to flexibility involved, countries may apply these models to their context,” Mr. Vongthep pointed out.
Ms. Santanee Ditsayabut, Director, Secretariat Office of Nitivajra Institute, emphasized that judicial practitioners should act for the best interests of children. No matter what status of children in judicial process as victims, defendants, accused persons, or convicts, they should receive proper handling. Children’s interests must be the key focus in every stage from interrogation, to meditation, to trials.
“For example, state prosecutors should understand that during interrogation in the presence of psychologist, social worker, state prosecutor, and persons called for by the child, his or her parents are not the only choice. The person requested by the child may be a grandma or a friend. Sometimes, children may feel uncomfortable discussing something in front of their parents,” she explained.
Mrs. Santanee said in addition to prohibiting violence against children, the UN Model Strategies and Practical Measures also placed a strong emphasis on data collection. In Thailand, while about 10,000 people reported domestic violence, just 174 cases reached the Office of the Attorney General.
In her view, criminal-justice system should develop its capabilities and capacity to better protect children in the digital age. Technologies, for instance, should be leveraged for integrated database that can help prevent the repeat of violence against children. “Mysis Bot” is an example of technological innovation for the elimination of violence. Not only that this chatbot gives basic legal knowledge, but it also receives complaints about violence for further actions.
Mrs. Santanee added that the prevention of violence against children in criminal-justice process could also be done by reducing the number of children entering the system. Thailand is now in the process of adjusting the age of criminal responsibility from 10 to 12. The UN Model Strategies and Practical Measures have also recommended restorative justice and options in place of prosecution.
Ms. Worapat Saengkaew, Head Nurse of Social Welfare Department at One Stop Crisis Center (OSCC), Pathumthani Hospital, said the OSCC had now seriously deployed interprofessional teams for children protection. Specialists are invited to work alongside police and state prosecutors to identify the root causes of violence. Information is then shared with relevant authorities that may have little contact with children.
She said young victims of violence would receive three forms of help: medical care including mental rehabilitation, social welfare, and legal help including protection. Mrs. Worapat said the current approach, so far, might need revision to ensure children who perpetuated violence receive help too.
Dr. Suntariya Muanpawong, Secretary of the Court of Appeal Region 1, underlined that authorities must be sensitive yet realistic in handling young offenders. Children with violence tendency should not be easily released, without systematic rehabilitation, or else they will cause harm to others and themselves.
She called for a reform and support from more agencies so as to prepare integrated solutions that will prevent at-risk children from becoming victims or criminals. She pushed for both area-based and problem-based solutions. If children violated laws, they must comply with measures prescribed and come under monitoring.
ML Supakit Charoonroj, Secretary-General of Nitivajra Institute, said his institute had collaborated with TIJ in translating the UN Model Strategies and Practical Measures into Thai language in hopes that the Thai version would facilitate children protection and the elimination of violence against children in Thailand. At the heart of these strategies and measures are the focus on children’s interests.
Ms. Valerie Lebaux, Chief, Justice Section, United Nations Office on Drugs and Crime (UNODC), said children are entitled to protection from violence, abuses and exploitations under the UN Convention on the Rights of the Child. As children risk facing violence during judicial process, the UN General Assembly endorsed the UN Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice in December 2014.
She expressed confidence that the Thai translation of these strategies and measures would be useful to all relevant parties in Thailand, which is a key player behind their drafting. She also hoped that other state members would appropriately apply these models to their context.
For full version of the Thai translation, click https://knowledge.tijthailand.org/th/publication/detail/un-model-strategies-on-vac
Feedback and recommendations on the UN Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice can be sent to us via academy@tijthailand.org.