On 23 September 2021, Mr. Wasan Paileeklee and Ms. Sayamol Kaiyoorawong, National Human Rights Commissioners highlighted the National Human Rights Commission of Thailand (NHRCT)’s  weekly activities. The agenda includes:
 
        1. Recommendations on measures or guidelines for the promotion and protection of human rights in the case of human rights impacts during the situation of COVID-19 pandemic
 
            Based on the information on monitoring and evaluation of the new wave of COVID-19 pandemic since April, the NHRCT noted the rapid growing number of infections all over the country. The NHRCT collected facts surrounding the situations including  complaints received in July 2021, and analyzed human rights impacts into 2 categories as follows:
 
            (1) The right to health and the accessibility to public health services. They include the the enforcement of disease prevention and control measures; the tracing and screening of infected people, the medical treatment of COVID-19 patients and vaccine management.
            (2) The affected quality of life and the accessibility to government’s remedies of the low-income groups and workers in informal sector, children, the elderly, people with disabilities, women, homeless people, ethnic groups and persons without registration status and migrant workers.
 
            In this regard, the NHRCT has recommendations on measures or guidelines for the promotion and protection of human rights to the Council of Ministers as follows:
 
            (1) The procurement of vaccines for vulnerable groups must be expedited with quality and efficiency. The government should inform the public of the vaccine management plan with equity.
 
            (2) An “Ad Hoc Operational Center” should be established at local communities or local level to serve as a one-stop service centre to take care and provide timely assistance to people, especially for vulnerable groups in its respective community. The centre should have a comprehensive mandate of tracing the patient, proactively assisting people who cannot get access to the vaccine registration process, providing anti-Infection equipment assistance, and updating database system of the government relating to the disadvantaged groups in community.
 
            (3) The Department of Children and Youth Affairs’ Regulations on Criteria for Payment of Subsidy for Child Care B.E. 2562 (2019) should be reviewed. The criteria for universal subsidy allocation should be revised to cover all newborn babies in the country to ensure that they will access welfare in order that the burden of newborns’ families will be alleviated during the COVID-19 pandemic.
 
            (4) The Ministry of Education should well prepare to re-open schools and survey students who are at risk of dropping out of schools due to the impact of the pandemic. The Ministry should provide these students with urgent assistance.
 
            (5) There should be an integrated scheme to prevent and control the pandemic and remedies for economic and social impacts. For example, there should be a short-term employment for local people in epidemic areas to support the disease control measures; or local food entrepreneurs should be supported to provide local food supply for people in local and community quarantines.
 
            (6) An Economic and Social Rehabilitation Fund should be set up for affected communities and vulnerable groups.
 
            (7) Certain aspects of law enforcement should be reconsidered at the time as they affect the provision of public health services, the activities to generate income and/or to render mutual support or self-help of community members  to mitigate the economic and social impacts at grass-roots level.  It includes, for example, the Communicable Disease Act B.E. 2558; laws and policies relating to immigrants or the absence of legal status of migrant workers; policies relating to the eviction of communities from public land, etc.
 
        2. Discrimination against people living with HIV
 
            2.1 The result of monitoring human rights violation regarding the act of discrimination in job recruitment by private companies against people with HIV
 
                  From December 2017 to August 2018, the NHRCT received complaints against six business companies in the automotive, furniture, construction, building materials, insurance and hotel industries. These companies required applicants to pass HIV screening and testing, which was part of the recruitment process before being employed. Such practice is regarded discriminatory act based on health status, which is a violation of human rights, and inconsistent with the Constitution of the Kingdom of Thailand, B.E. 2560 and international human rights treaties that Thailand is a party. The NHRCT; therefore, recommended the companies to remove the condition for all job titles.
 
                 The NHRCT has monitored the result of implementing the recommendation. Until September 2021,  five petitioners informed the NHRCT that the requirement for HIV testing by companies had been removed from all positions. This is to eliminate the barrier or limitation of the right to access to occupation for people with HIV. In another case that has yet to comply with, the NHRCT has reiterated with the employment agency company the importance of a non-discrimination policy against HIV-positive applicants.
 
            2.2 Discrimination against people living with HIV, in the case claiming that the Police Rules on Qualifications and Prohibitions of Being a Police Officer, B.E. 2547 discriminates against person with HIV
 
                 The NHRCT, in November 2018, received a complaint from a petitioner (to name by pseudonym Mr. Sor), who is an heir of a late police officer who died in-the-line of duty, has applied for and been selected to be a commissioned police officer. Nervertheless, he has not passed a physical examination in accordance with the Police Rules on Qualifications and Prohibitions of Being a Police Officer, B.E. 2547 and was denied an appointment because his result was HIV positive. The NHRCT considers that the HIV test applied for an applicant carried out by the Office of Police Forensic of the Royal Thai Police, as part of the recruitment process; and subsequently the test result was used for refusing the appointment of Mr. Sor to a police officer, is the act of discrimination on the ground of health status. It is inconsistent with the Constitution of the Kingdom of Thailand B.E. 2560 and international human rights treaties that Thailand is a party and has an obligation to comply with.
 
                 The NHRCT has recommended the Police Forensics Office and the National Police Commission to appoint Mr. Sor a police officer. This is in line with the principle of non-discrimination and the generally accepted medical guideline. However, since the case falls in the category that it has been filed in the court of law or it is a matter that the court has finalized a judgment, order or ruling, the NHRC  has to cease the action of the case as prescribed by law.
 
                 In such light, the NHRCT will  further discussions with various concerned parties, including the networks of  people with HIV/AIDS and other vulnerable groups, for the cooperation in the elimination of discrimination, including the enactment of non-discrimination law.