Thailand20110316
Document Sample


Overview
Country Thailand
1/ Background Statistics
Human development index rank 92 1
GNI per capita (PPP in US$) 8,001 1
Life expectancy at birth (years) 69.3 1
Mean years of schooling (years) 6.6 1
Expected years of schooling (years) 13.5 1, a
Total population 67,764,000 2
2/ Disability Statistics
Population of persons with disabilities 1,900,000 3
Proportion of persons with disabilities to
2.9 per cent 3
total population
Employment rate of persons with 71.5 per cent of persons with disabilities over 15 are
disabilities unemployed and 28.5 per cent employed 4, b
67.82 per cent of persons with disabilities in the
Access to education
educational age are provided education 4
3/ Definitions
Disability is an umbrella term for impairments,
activity limitations and participation restrictions
(ESCAP 2006, Q 19). In a survey conducted in
Definition of disability
Thailand in 2007, persons with disability were
identified by activity limitations and impairments
(Thailand 2008b). 3
According to the Persons with Disabilities
Empowerment Act (2007, chap. I, sect. 4),
Thailand’s definition of persons with disabilities is as
follows:
"[P]ersons who encounter certain limitations in
performing their daily activities or social participation
due to their impairment in vision, hearing, mobility,
Definition of persons with disabilities
communication, mind, emotion, conduct, intellect,
learning or any other impairment/disabilities along
with various difficulties, and specifically need some
assistance to enable them to perform their daily
activities or social participation as ordinary persons.
The types and prescriptions of disabilities shall be
determined and announced by the Minister of Social
Development and Human Security."
Categories of impairment Ministerial Regulation No.2, (1994)
4/ Commitment to Regional and International Instruments on Disability
Overview
Country Thailand
Ratification of ILO Convention 159 11 October 2007 5
Ratification or signatory of Convention on
Signed Convention on 30 March 2007;
the Rights of Persons with Disabilities
Ratified Convention on 29 July 2008 6
(CRPD), and its Optional Protocol
Ratification or signatory of Convention on
No 7
Cluster Munitions
5/ Legal Framework
Constitution of the Kingdom of Thailand (2007)
(chap. III, part 2, sect. 30; chap. III, part 4, sect.
Constitutional provisions 40(6); chap. V, part 4, sect. 80(1); chap. III, part 8,
sect. 49; chap. III, part 9, sect. 54; chap. VI, part 7,
sect. 152)
Disability-specific laws
Comprehensive Persons with Disabilities Empowerment Act (2007)
Cover: early detection, early intervention and
education; employment; access to built environment
Sectoral
and transportation; access to information and
communication
Disability-inclusive laws Cover: education; employment; social security
6/ Policy Framework
Disability-specific policies
National Plan on Quality of Life Development of
Comprehensive
Persons with Disabilities 2007-2011
Sectoral ..
Tenth National Economic and Social Development
Disability-inclusive
Plan 2007-2011
7/ Institutional Framework
Bureau of Empowerment for Persons with
The national coordination mechanism or Disabilities/Committee for the Rehabilitation of
disability focal point Disabled Persons (National Office of Empowerment
of Persons with Disabilities)
Sources:
1. United Nations Development Programme (2010). Human Development Report 2010 (New York,
UNDP).
2. United Nations (2009). World Population Prospects: The 2008 Revision (United Nations publication,
Sales No. E.10.XIII.2).
3. Thailand (2008). “The 2007 Disability Survey” (National Statistics Office), accessed from
http://web.nso.go.th/en/survey/disabi/disabi07.htm on 11 March 2011.
4. Thailand (2007). Thailand’s Statement on the Mid-Point Review of the Biwako Millennium
Framework for Action, accessed from www.worldenable.net/bmf5/paperthailand.htm on 22
September 2010.
5. International Labour Organization (2010). “Convention No. C 159”, accessed
from www.ilo.org/ilolex/cgi-lex/ratifce.pl?C159 on 11 March 2011.
6. United Nations (2010). “Convention and Optional Protocol Signatures and Ratifications”, on the
United Nations Enable website, accessed
from www.un.org/disabilities/countries.asp?navid=12&pid=166 on 11 March 2011.
7. Convention on Cluster Munitions (CCM) (2008). “Ratifications and Signatures”, accessed from
www.clusterconvention.org/ratifications-and-signatures on 11 March 2011.
Notes:
a. UNESCO Institute for Statistics (2009).
b. From 2002 National Statistics Survey.
Comprehensive
1. Definitions
a) Disability
Disability is an umbrella term for impairments, activity limitations and participation restrictions
(ESCAP 2006, Q 19). In a survey conducted in Thailand in 2007, persons with disability were
identified by activity limitations and impairments (Thailand 2008b).
b) Persons with disabilities
According to the Persons with Disabilities Empowerment Act (2007), Thailand’s definition of
persons with disabilities is as follows:
"[P]ersons who encounter certain limitations in performing their daily activities or social
participation due to their impairment in vision, hearing, mobility, communication, mind, emotion,
conduct, intellect, learning or any other impairment/disabilities along with various difficulties, and
specifically need some assistance to enable them to perform their daily activities or social
participation as ordinary persons. The types and prescriptions of disabilities shall be determined
and announced by the Minister of Social Development and Human Security." (Thailand 2007b,
chap. I, sect. 4)
c) Categories of impairment
Ministerial Regulation No.2, 1994 establishes the classification system of disability in
Thailand as Table 1 summarizes (APCD).
Table 1. Classification system of disability in Thailand
1. Visual Impairment
( an individual whose better eye, after using regular eye glasses in able to see less
a) than 6/18 or 20/70 downward until unable to see any light, or
( an individual who has a visual field of less than 30
b)
2. Hearing Impairment of Communication
( an individual with hearing frequency of 500, 1000, or 2000 Hertz in the better ear
a) under the average audibility as follows
• Over 40 decibels up to the point of not hearing at all for child of not older that 7
years of age
• Over 55 decibels up to the point of not hearing at all for the average person, or
( an individual with an abnormality or malfunctioning of the hearing system to
b) comprehend or use verbal language to communicate with others.
3. Physical or Locomotion Impairment (with physical disabilities)
( a person with obvious abnormality or malfunctioning of the physical condition
a) which makes her/him unable to perform daily routine activities, or
( a person who has lost her/his ability to move hands, arms, legs, or body as a
b) result of amputation, paralysis or weakness, rheumatic disease, arthritis or chronic pain
including other chronic illness caused by body system dysfunction inhibiting her/him to
perform daily routine activities or maintain a living like an ordinary person.
4. Mental of Behavioral Impairment (intellectual disabilities)
( an individual with psychological abnormality or malfunctioning of certain parts of
a) the brain associated with perception, emotion and thought which causes inability for
her/him to control behavior necessary for self-care or living with others.
5. Impairment of Intellectual or learning Impairment (psychological disabilities)
( a person with a psychological abnormality or an malfunctioning of the brain or
a) intelligence level so low that inability of the person is unable to study in the regular
educational system.
Source: Asia Pacific Development Centre on Disability (APCD). “Thailand Country Profile”,
accessed from www.apcdfoundation.org/?q=content/thailand on 11 January 2011.
2. Legal framework
a) Constitutional provisions
Constitution of the Kingdom of Thailand, 2007
[English] – [Thai]
The disability-related provisions under the 2007 Constitution (Thailand 2007a) are as follows:
Part 2 on Equality
Section 30 states "unjust discrimination against a person on the grounds of the difference in
origin, race, language, sex, age, disability, physical or health condition, personal status,
economic or social standing, religious belief, education or constitutionally political view,
shall not be permitted."
Section 40 provides for the rights of every person in the judicial process thus in paragraph 6
states “every child, youth, woman or aging or disabled person shall have the right to
appropriate protection in judicial process and shall have the right to appropriate treatment in
the case related to sexual offences."
Part 4 on the Religions, Social, Public Health, Education and Culture Policies
Section 80 states that "the State shall act in compliance with the social, public health,
education and culture policies” and in paragraph 1 provides for “…providing aids and
welfare to the elderly, the indigent, the disabled or handicapped and the destitute person for
their better quality of life and ability to become self-reliance."
Part 8 on the Rights and Liberties in Education
Section 49 provides for equal rights to quality education provided without charge by the
State for the duration of not less than twelve years and specifies that "the indigent, disabled
or handicapped, or destitute person shall enjoy an equal right under paragraph one and
shall be supported by State to receive equal education with other persons."
Part 9 on the Rights to Public Health Services and Welfare
Section 54 states that "the disabled or handicapped shall have the right to get access to,
and to utilize of, welfare, public facilities and appropriate aids from State. A person of
unsound mind shall have the right to appropriate aids from State."
Part 7 on the Enactment of an Act
Section 152 provides for representation of persons with disabilities when considering a bill
concerning persons with disabilities. The charter specifies the composition of the committee,
thus, "the House of Representatives shall appoint an non-standing committee consisting of
representatives, from private organizations concerned with the respective types of persons,
of not less than one-third of the total number of members of the committee and the
members thereof shall consist of women and men in closely apportion."
b) Disability-specific laws and regulations
i. Comprehensive disability-specific laws and regulations
Persons with Disabilities Empowerment Act, 2007
[English] – [Thai]
The Persons with Disabilities Empowerment Act (Thailand 2007b) builds upon and improves
the provisions of the earlier disability legislation, the Rehabilitation of Disabled Persons Act
A.D.1991, which it effectively revokes (Section 1- 3). With the overall aim of empowering "persons
with disabilities/disabled persons" (Section 4), it provides for the establishment, organization and
regulations of the National Commission and a National Office of Promotion and Development of
Life Quality of Disabled Persons (Section 5 – 19).
The Act entitles persons with disabilities "to access and use public facilities including other
welfare and assistance provided by the State" and defines pro-persons with disabilities services
and facilities.
The Act includes a non-discrimination provision (Section 20) which provides for the promotion
of employment for persons including a quota scheme and tax incentives to employers as well as
consequent penalties (Sections 20 and 33).
The Act provides for the establishment of a "Fund for Promotion and Development of Life
Quality of Disabled Person, to serve as the fund for expenditure on protection and development of
life quality of disabled persons, promotion and undertaking support and assistance to disabled
persons, their rehabilitation, education and occupations." (Sections 23 - 32)
ii. Sectoral disability-specific laws and regulations
..
c) Disability-inclusive laws and regulations
Early Detection, Intervention and Education
National Education Act, 1999
[English] – [Thai]
The National Education Act (Thailand 1999) provides for the rights to education of persons
with disabilities as well as access to services and assistive devices. This Act protects the rights of
persons with disabilities to education in accordance with their Constitutional rights. Persons with
disabilities are entitled to early intervention services, educational materials and facilities, and
government-supported home schooling. All children receive 12 years of basic schooling free of
charge. Educational materials are being produced to meet the needs of target groups.
A new Special Education Act draft is currently being considered, which focuses on the special
education policy for persons with disabilities to reach education service and other resources at all
levels and educational system to empower their quality of life and independent living (Thailand
2007c).
Training and Employment
Workers Compensation Act, 1979
[English] – [Thai]
The Act provides protection for employees disabled at work so that they receive
compensation for medical expenses, prosthetic devices and equipment, and physical and mental
rehabilitation. The Act also mandates the Social Security Office to provide special occupational
rehabilitation at the Industrial Rehabilitation Centre in Bangpoon, Pathum Thani Province (APCD).
Occupational Training and Promotion Act, 1994
[English] – [Thai]
The Act establishes occupational training among active workers to enable them to enter the
skilled labor market as well as improve productivity of the workforce and calls employers and
vocational institutes to provide students with on the job training (APCD).
Vocation Training Promotion Act, 1996
[English] – [Thai]
The Act entitles registered private enterprises to a 50 per cent tax reduction of training
expenses and provides other incentives to encourage training. It also established the Vocation
Training Committee, a tripartite group to establish skill standards (APCD).
Poverty Alleviation through Capacity-building, Social Security and Sustainable
Livelihood Programmes
Social Security Act, 1999
[English] – [Thai]
The Social Security Act covers employees in enterprises in the private sector with 10 or more
workers. Insured members are granted certain benefits (such as health care, rehabilitation services
and income replacement) in cases of illness, disability, maternity, old age and death. Physical,
mental and occupational rehabilitation expenses are covered by invalidity benefits. Social Security
services include 500 baht (12 United States dollars) per month for living expenses a subsistence
allowance for registered persons with disabilities (APCD).
3. Policies and plans
a) Disability-specific policies and plans
i. Comprehensive disability-specific policies and plans
National Plan on Quality of Life Development of Persons with Disabilities
(Volume 3) B.E. 2550 – 2554 (2007-2011)
[English] – [Thai]
The National Plan on Quality of Life Development of Persons with Disabilities (Thailand
2007d) is a guideline for disability development practice integrating related organizations. The Plan
outlines strategies to promote environment accessibility and facilities.
ii. Sectoral disability-specific policies and plans
Tenth National Economic and Social Development Plan 2007-2011
[English] – [Thai]
The Tenth National Economic and Social Development Plan 2007-2011 (Thailand 2007e)
articulates the development priorities for the country. One of the objectives of the plan is to provide
social security for persons with disabilities. Social service improvement and facilitation with equal
access are also emphasized. It also focuses on people-centered development and equality for all.
b) Disability-inclusive policies and plans
..
4. Institutional framework and Government focal point
National Commission on Promotion and Development of Life Quality of Disabled
Persons
Established by the Persons with Disabilities Empowerment Act (2007), the National Commission
on Promotion and Development of Life Quality of Disabled Persons is chaired by the Prime
Minister while the Minister of Social Development and Human Security is designated as the Vice
President. The Commission, which is composed of several Ministries, is responsible for central
policies, master plans, programmes and projects for the promotion and development of the quality
of life of persons with disabilities.
National Office of Promotion and Development of Life Quality of Disabled
Persons
The Persons with Disabilities Empowerment Act (2007) also mandates the establishment of
the National Office of Promotion and Development of Life Quality of Disabled Persons under the
Ministry of Social Development and Human Security Office but not as the latter’s department. The
Office is headed by a Secretary General equal in rank to a director general. The Office is
responsible for cooperation with Government agencies, public and private sector on policies and
strategies; collection and analysis of data and information about persons with disabilities;
proposing of plans on the promotion and development persons with disabilities; promote and
support the formation of organizations of persons with disabilities; support and interact with
Government agencies to allocate budgets for organizations of persons with disabilities (Thailand
2008).
The National Office of Promotion and Development of Life Quality of Disabled Persons can
be contacted at the following:
DPW 60th Anniversary Building,
255 Rajavithi Road, Rajavithi, Bangkok 10400
Tel: +66 (0)-2644-7992-4
Fax: +66(0)-2644-7995
Email: disabilities@opp.go.th
Website: www.nep.go.th/home.php
5. Useful links
Thailand Country Profile on Asia Pacific Development Centre on Disability
www.apcdfoundation.org/?q=content/thailand
Disabled People’s International Asia-Pacific Region (DPI/AP)
www.dpiap.org/
6. References
Asia Pacific Development Centre on Disability (APCD). "Thailand Country Profile", accessed from
http://www.apcdfoundation.org/?q=content/thailand on 11 January 2011.
Japan International Cooperation Agency (JICA) (2003). "Country Profile on Disability – Thailand",
accessed from http://siteresources.worldbank.org/DISABILITY/Resources/Regions/East-Asia-
Pacific/JICA_Thailand.1.pdf on 11 March 2011.
Thailand (1999). National Education Act, accessed
from www.onec.go.th/publication/law2545/sa_law2545.htm on 11 March 2011.
_______ (2007a). Constitution of the Kingdom of Thailand, B.E. 2550, accessed from
www.senate.go.th/th_senate/English/constitution2007.pdf on 11 March 2011.
_______ (2007b). Persons with Disabilities Empowerment Act B.E. 2550, in National Office of
Empowerment of Persons with Disabilities. "The National Legislative Assembly has passed to
promulgate, Persons with Disabilities Empowerment Act B.E. 2550B.E.2550", accessed
from http://thailaws.com/law/t_laws/tlaw0385.pdf on 11 March 2011.
_______ (2007c). Thailand’s Statement on the Mid-Point Review of the Biwako Millennium
Framework for Action, accessed from www.worldenable.net/bmf5/paperthailand.htm on 8 October
2010.
_______ (2007d). National Plan on Quality of Life Development of Persons with Disabilities 2007-
2011, accessed from www.nep.go.th/uploads/files/Nep.pdf on 9 September 2009.
_______ (2007e). Tenth National Economic and Social Development Plan 2007 -2011 (Office of
the National Economic and Social Board), accessed
from www.nesdb.go.th/Default.aspx?tabid=139 on 11 March 2011.
_______ (2008a). Asia Pacific Development Centre on Disability, electronic communication with
ESCAP.
_______ (2008b). The 2007 Disability Survey (National Statistics Office), accessed
from http://web.nso.go.th/en/survey/disabi/disabi07.htm on 11 March 2011.
_______ (2008c). Constitution of Thailand, accessed
from www.senate.go.th/th_senate/English/constitution2007.pdf on 11 March 2011.
_______ (2009). "Organization Structure" (National Office of Empowerment of Persons with
Disabilities), accessed from www.nep.go.th/pwd/en_structure.php on 23 February 2009.
Last updated: 16 March 2011.
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