nationality, they may be forced to live away from their children due to challenges in acquiring residency permits and obstacles to employment. Women whose children and husbands are denied her nationality may be forced to provide for the entire family, even once children reach adulthood.38 Issue 2: Child’s Right to Nationality Safeguards for children otherwise born stateless 38 There is no definition of a stateless person in Thai national law. The law lacks safeguards to ensure that children born on the territory who would otherwise be stateless are automatically granted nationality without a lengthy waiting time. This also includes foundlings. The Committee on Economic, Social and Cultural Rights has expressed concerned about gaps in the laws regarding the right to nationality for children found abandoned.39 39 In 2019, the Civil Registration B.E. 2534 was amended,40 allowing foundlings to acquire Thai nationality through naturalisation. However, this is dependent upon the child having a parent with Thai nationality, or being born in Thailand with alien parents.41 Moreover, only those who have identity documents, and those with residency in the country for more than ten consecutive years, qualify for naturalisation.42 Birth Registration 40 In 2008, the Government of Thailand made amendments to the Civil Registration Act (No.2) B.E.2551 that liberalised the laws on birth registration,43 regardless of the legal status, nationality, or documentation of their parents.44 The act was amended, with retroactive effect, permitting late birth registration of individuals who had been unable to register their birth before 2008. Further, the amendments created a more flexible birth registration procedure under which births can be registered in any District Office, regardless of where in Thailand the birth occurred. 41 Before the 2008 Amendment, many hill tribe members were unable to meet the conditions for birth registration — such as an ID card, household registration, and official birth notification. In the case of late registration, a witness was also required. Language difficulties, logistical challenges such as reaching civil registration offices, unfamiliarity with Thai law and procedures, limited literacy, and location of birth (those not born in medical facilities and were not issued with birth notifications) constituted various obstacles to access civil registration. Finally, there was little awareness in most communities of the importance of civil registration and some reluctance about approaching the authorities.45 38 Global Campaign for Equal Nationality Rights, ‘The Problem’. UN Committee on Economic, Social and Cultural Rights, ‘Concluding Observations on the Combined Initial and Second Periodic Reports of Thailand’ E/C.12/THA/CO/1-2 (19 June 2015). 40 Amended by the Civil Registration Act No. 3 B.E. 2562 (2019). 41 P. Ruamsuk, ‘The Need for Thailand to accede to Conventions on Statelessness’ (2020, Maurer School of Law: Indiana University). 42 Ibid. 43 Civil Registration Act (No.2) B.E.2551 2008 (Thailand). 44 UNHCR, ‘Good Practices Paper – Action 7: Ensuring Birth Registration for the Prevention of Statelessness’ (2017), page 25. 45 UNHCR, ‘Good Practices Paper – Action 7: Ensuring Birth Registration for the Prevention of Statelessness’ (2017). 39 8