Study of Legal Problems Relating to Child Protection from Domestic Violence.

Abstract

The purposes of this research are 1. to study the concepts of child protection from domestic violence 2. to identify legal provisions and measures relating to child protection from domestic violence in both Thai and foreign statutes and 3. to analyze laws as well as law enforcement leading to feasible guidelines for future legal amendments. It is a quality research focusing on content analysis. Research results are as follows: 1. The concept that the government needs to intervene with family’s authority over children leads to the promulgation of child protection laws 2. Child protection from domestic violence is provided in the Family Protection and Development Act B.E.2562. The provisions resemble those in English statutes that encourage a juvenile and family court and local authorities to intervene in a case of child abuse from domestic violence by giving a speedy assistance and protection. The statutes also provide a specific agency to be in charge of child protection from domestic violence. This agency is like Child Protective Services in the United States of America (USA). Moreover, it is compulsory for a witness of domestic violence to notify the police of the case. 3. However, the analysis of those statutes show some loopholes. In other words, the provisions do not cover all aspects of the problem and uncertainties are found in some points and steps. The researcher therefore recommends that a criminal offence of domestic violence commission should be provided. Some legal provisions that produce redundancies should be abrogated. A witness of domestic violence should be subject to certain criminal punishments for failure to notify the police of the case. Finally, related agencies and personnel should receive full support to deal with the problems of domestic violence against children.