Translation:Civil and Commercial Code Amendment Act (No 25), 2568 BE
Volume 142, Number 14A
Royal Gazette
24 March 2568

Civil and Commercial Code Amendment
Act (No 25),
2568 BE
Phrabat Somdet Phra Paramenthra
Ramathipbodi Sisinthra Maha
Vajiralongkorn Phra Wachiraklao Chaoyuhua
Given on the 20th day of March 2568 BE
Being the 10th year of the present reign
Phrabat Somdet Phra Paramenthra Ramathipbodi Sisinthra Maha Vajiralongkorn Phra Wachiraklao Chaoyuhua is pleased to command that it be announced as follows:
Whereas it is appropriate to amend the Civil and Commercial Code;
This Act contains certain provisions relating to the restriction of personal rights and freedoms, which section 26, in combination with section 28, of the Constitution of the Kingdom of Thailand permits to be done through the powers under the provisions of law;
The grounds and necessity for the restriction of personal rights and freedoms under this Act are to delimit the rights of the persons exercising the parental power with respect to the infliction of punishment upon their children in line with the Convention on the Rights of the Child, thereby causing the enactment of this Act to be in line with the conditions provided in section 26 of the Constitution of the Kingdom of Thailand;
Therefore, He is graciously pleased to enact, by and with the advice and consent of the National Assembly, the following Act:
Section1.This Act is called the Civil and Commercial Code Amendment Act (No 25), 2568 BE.
Section2.This Act shall come into force from the day following the date of its publication in the Royal Gazette onwards.
Section3.The text of (2) of section 1567 of the Civil and Commercial Code shall be repealed and replaced by the following text:
“(2)to punish the child for the purposes of admonition, instruction, or behaviour modification, but not in such a way that inflicts torture or harm through physical or mental violence or in an abusive way”.
Countersignature
Paetongtarn Shinawatra
Prime Minister
Note: The grounds for promulgation of this Act are as follows: Whereas the present Civil and Commercial Code, which entitles the persons exercising the parental power to inflict appropriate punishment upon children for the purposes of admonition and instruction, has been in force for a long time, and it is found that, in many cases, such punishment resulted in torture or harm which affected the body or mind of children, involved flogging of children, or was executed by other degrading means which affected development of children and did not lead to rectification of the wrongdoing or behaviour of the child which required admonition or instruction, the rights of the persons exercising the parental power with respect to the infliction of punishment upon their children need to be modified to be in line with the Convention on the Rights of the Child, to which Thailand is a party, and the General Comment No 8 (2006): The Right of the Child to Protection From Corporal Punishment and Other Cruel or Degrading Forms of Punishment, which was issued under the Convention on the Rights of the Child and which Thailand has accepted and voluntarily promised to comply with under the mechanism of the second Universal Periodic Review (UPR, 2559–2563 BE). It is therefore necessary to enact this Act.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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Translation: |
I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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