CRC/C/GC/21
disproportionate to reality. The media should be actively encouraged to use accurate data
and evidence and conform to child protection standards to safeguard children’s dignity,
physical security and psychological integrity.
Article 3 (1) on the best interests of the child
28.
The obligations attached to this right are fundamental, as part of a child rights
approach, to secure the holistic physical, psychological and moral integrity of children in
street situations and promote their human dignity. These children have been identified as
particularly vulnerable. As the Committee has already stated, the best interests of a child in
a specific situation of vulnerability will not be the same as those of all the children in the
same vulnerable situation. Authorities and decision makers need to take into account the
different kinds and degrees of vulnerability of each child, as each child is unique and each
situation must be assessed according to the child’s uniqueness. 22 In this context,
“vulnerability” should be considered in conjunction with the resilience and self-reliance of
individual children in street situations.
Article 6 on the right to life, survival and development
Right to life
29.
Children in street situations are at risk of, inter alia: extrajudicial killings by State
agents; murder by adults or peers, including murder linked to so-called vigilante justice,
and association with/targeting by criminal individuals and gangs, and when the State does
not prevent such crimes; exposure to potentially life-threatening conditions associated with
hazardous forms of child labour, traffic accidents, 23 substance abuse, commercial sexual
exploitation and unsafe sexual practices; and death due to lack of access to adequate
nutrition, health care and shelter. The right to life should not be interpreted narrowly. 24 It
concerns individuals’ entitlement to be free from acts and omissions intended or expected
to cause their unnatural or premature death, and to enjoy a life with dignity. In 1999, in the
case of the torture and murder by police of three children and two young people in street
situations in 1990, the Inter-American Court of Human Rights ruled that arbitrary privation
of life is not limited to the illegal act of homicide, but extends to the deprivation of the right
to live with dignity. This conception of the right to life extends not only to civil and
political rights but also to economic, social and cultural rights. The need to protect the most
vulnerable people — as in the case of street children — definitely requires an interpretation
of the right to life that encompasses the minimum conditions for a life with dignity. 25
30.
The Committee has already highlighted that growing up in conditions of absolute
poverty threatens children’s survival and their health and undermines their basic quality of
life.26
Right to survival and development
31.
The Committee expects States to interpret “development” as a holistic concept,
embracing the child’s physical, mental, spiritual, moral, psychological and social
development. Children in street situations have a limited range of activities and behaviours
from which to choose for their survival and development in public spaces. States’
obligations under article 6 necessitate careful attention being given to the behaviours and
lifestyles of children, even if they do not conform to what specific communities or societies
determine to be acceptable under prevailing cultural norms for a particular age group.
Programmes can only be effective when they acknowledge the realities of children in street
22
23
24
25
26
See general comment No. 14, paras. 75-76.
See general comment No. 4, para. 21.
The preparatory work of the Convention indicate that the rights to life, survival and development
under article 6 were understood as complementary and not mutually exclusive, and that the article
poses positive obligations (E/CN.4/1988/28).
Joint opinion, Villagrán Morales et al v. Guatemala, Inter-American Court of Human Rights, 19
November 1999. Available from www.corteidh.or.cr/docs/casos/articulos/seriec_63_ing.pdf.
See general comment No. 7, para. 26.
11