Yok's case and Thailand's Treatment of Child Activists | FULCRUM

Since the rise of pro-democracy rallies in Thailand in 2020, at least 20 minors (defined as under 18 years of age) have been charged with lèse–majesté (royal defamation). The youngest and most well-known of these is Thanalop “Yok” Phalanchai, who was 15 at the time of her arrest. Thailand has one of the harshest lèse-majesté laws in the world, with sentences from three to 15 years’ imprisonment for insulting, defaming, or threatening the monarch or monarchy (defined as the king, queen, heir-apparent, or regent). While charges have been brought against many adult activists, indicting children for royal defamation is a relatively new occurrence. If the Thai government insists on prosecuting minors, it must navigate the challenge of enforcing the law while safeguarding the welfare of child activists. Yok’s case is a testament to how the Thai state is struggling to do so.

In March 2023, Yok was arrested for criticising the monarchy at a rally in October 2022. She was detained at a juvenile facility for 50 days and released in May 2023. She has since been estranged from her family and expelled from Triam Udom Suksa Pattanakarn, a prominent high school in Bangkok, which claimed that she failed to complete her enrollment with a legal guardian. Though adult activists have attempted to act as Yok’s legal guardian, the school still refused to let her enrol. Despite this, Yok has persistently shown up to class while breaking the school’s dress code with her dyed hair and in non-uniform attire. In June 2023, after being denied entry into the school, she climbed over the fence to attend classes.

Thai media has turned Yok into a political spectacle. Though proceedings involving child defendants tend to be private to protect their privacy, Yok’s case has been highly publicised. She has since been the object of online abuse – vilified by conservative media outlets and harassed on the streets.

If the Thai government insists on prosecuting minors, it must navigate the challenge of enforcing the law while safeguarding the welfare of child activists.

For her behaviour and criminal charges, Yok has received considerable backlash. Many commentators have said that Yok was disrespectful to her teachers and school, and disruptive to her classmates who simply wanted to learn and lead normal lives. She is often depicted as an aggressive child with behavioural problems, with observers sometimes using this to further justify her expulsion. Other critics see Yok as a criminal, although her trial is ongoing. While lèse-majesté remains in the Thai criminal code, Yok must face the legal consequences of her actions. However, as a juvenile defendant, Yok is a minor who deserves protection by the state.

Indeed, Yok’s case has exposed the inability of many governmental organisations to ensure the safety and welfare of child activists and children charged with lèse-majesté. The Thai state has received criticism at the domestic and international levels for placing a minor in pre-trial detention, potentially violating both the Thai Child Protection Act and the United Nations’ Convention on the Rights of the Child. Several human rights lawyers and monitoring groups have called for child welfare organisations and the Thai Ministry of Social Development and Human Security to protect Yok’s physical and mental safety and wellbeing.

Facing the criminal justice system, constant police surveillance, being the centre of media attention, being estranged from one’s family and seen as an outsider in school can have profound psychological impact on a child. If speculations on social media are correct that Yok is being manipulated by adult activists to attract media attention, the circumstances emphasise the necessity for intervention by child welfare organisations.

Separately, Yok’s case should concern the Thai Ministry of Education. Regulations allow legal guardians to enrol students in schools, such as for orphaned or abandoned children. Arguably, the adult activists should have been able to complete Yok’s enrollment. Yok’s school expulsion for breaking the school’s dress code technically violates the Ministry of Education’s own rules. In 2020 when many students began protesting overly strict dress codes by showing up to school in their own clothes, ministry officials stated that the only state-sanctioned punishment for such violations are verbal warning, probation, deduction of behaviour points, and activities to promote behavioural change. If in the future Yok is still denied a place at Triam Udom Suksa Pattanakarn, there should be some form of assistance for her to attend a different school, aligning with the Ministry’s policy of ensuring basic education for all children.

Regardless of one’s opinion of Yok and even if one believes that she has committed a crime, the humane path forward is to safeguard her welfare, keep her from people who might wish to manipulate her, and offer her a chance at rehabilitation in an empathetic system that helps her remain a part of Thai society. Denying Yok of education and socialisation with her peers and demonising her would further marginalise and alienate her. Despite her activism, Yok is still a child that deserves protection, empathy, and a second chance.

At this point, Yok’s story has not been fully resolved. She remains estranged from her family and mentioned looking for a new school in a recent interview. She still engages in political activism: in October 2023, she demanded that the Srettha government amend the lèse-majesté law; on Christmas Day, she took part in a card writing campaign for political prisoners.

Yok is scheduled to appear in court again this month. While her case is a rare perfect storm of a highly politicised legal process, an unsupportive family, and mainstream and social media frenzy, it reflects the government’s reluctance in safeguarding the welfare of controversial juvenile defendants like Yok. Whatever the final verdict on Yok, her case has helped to identify how the Thai justice system can ensure the humane treatment of young individuals caught within its net. 

2024/13