The Central Court of Appeal has ordered a Justice Ministry committee tasked with determining compensation for aggrieved parties in criminal cases to pay damages to a female migrant worker who was raped, after her request was rejected by the same committee based on the logic that she was an illegal worker.
The Foundation for Human Rights and Development said on Thursday the woman had filed her request with the Justice Ministry according to the Victim Compensation Act, as she had been a victim of rape.
However, on Sept 13, 2021, the ministry's committee rejected her request, claiming she was exempt from any due compensation due to her illegal status.
She also sought help from the Human Rights and Development Foundation (HRDF). The foundation, together with the Network for the Promotion of Access and Protection of Female Migrant Workers, appealed the case.
The court decided to quash the earlier decision, explaining that a victim means a person who suffers emotionally or even through loss of life from the criminal actions of others.
Her illegal entry into the country was not the cause of her being raped, therefore she was eligible to request damages.
Pasuta Chuenkajorn, a coordinator of the HRDF's Chiang Mai office, said the verdict shows how the state is obliged to protect all individuals living in this land from any crime.
She said migrant workers have often been subjected to discrimination by Thai authorities.
"It does not matter if they are illegal migrant workers. If they are victims of a grave crime, the state is obliged to compensate them," she said.
She also called for the Justice Ministry to stop citing illegal immigration status as a reason to segregate and discriminate against migrant workers who are victims of crime without seeing justice served.