The Protections Constitutional Right and Freedom of Students Without Civil Registration Status or Thai Nationality (G-Code Children) A Study on Thailand’s Civil Registration Security

Abstract

The Constitution serves as the supreme law that guarantees the protection of individual rights and liberties within a state’s jurisdiction. In Thailand, such constitutional protection applies primarily to “Thai people,” referring to those who possess Thai nationality. Consequently, school-aged children who lack legal status in the civil registration system or possess no nationality (G-code children) may not fully enjoy fundamental rights. Although the Thai government has expanded educational opportunities for these children through ministerial measures and the 2005 Cabinet Resolution, legal restrictions continue to impede the protection of their rights and human dignity.

The study finds that non-registered and stateless children face several significant limitations. These include the lack of constitutional protection, as they do not fall within the meaning of “Thai people” under Sections 4 and 25 of the 2017 Constitution; the inability to obtain temporary residence registration under the Civil Registration Act B.E. 2534 (1991); vulnerability to deportation under the Immigration Act B.E. 2522 (1979); and exposure to exploitation that may constitute offenses under the Anti-Trafficking in Persons Act B.E. 2551 (2008). Furthermore, deportation of these children may conflict with Thailand’s international obligations, including the Convention on the Rights of the Child and the ASEAN Charter. These circumstances highlight structural deficiencies in domestic laws and administrative mechanisms concerning nationality and civil registration, which restrict access to education, essential services, and equal protection of human dignity for this group.

In conclusion, the research recommends legal and policy reforms concerning nationality and civil registration to better align with international human rights standards. It also calls for strengthened protective mechanisms for stateless children, alongside enhanced inter-agency cooperation involving government bodies, civil society, and international organizations. Such measures are necessary to safeguard the rights and liberties of G-code children sustainably while reinforcing Thailand’s civil registration security in a balanced and equitable manner.