CRC/C/GC/21
G.
Violence against children and special protection measures
Articles 19 and 39 on freedom from all forms of violence 56
57.
Violence in all its forms — emotional, physical or sexual — is a fundamental cause
and a consequence of children ending up in street situations. Violence of all kinds
permeates the lives of children in street situations on a vast scale and it is a primary concern
highlighted by children themselves. Specific, immediate and urgent measures need to be
taken to protect children in street situations. In conjunction with all the recommendations in
general comment No. 13, such measures include: prohibiting all forms of violence,
including corporal punishment; mechanisms for reaching out to vulnerable children in the
process of disconnecting from family and community; mechanisms for reporting violence,
discrimination and other forms of rights violations; and mechanisms for holding
perpetrators of violence to account, whether State or non-State, individuals or groups.
Special mechanisms might have to be established to deal with individuals reported by these
children as threats to their well-being, such as some members of the police and those
involved in organized crime and drug trafficking.
Articles 34-36 on sexual abuse, sexual exploitation, trafficking and other exploitation
58.
Children in street situations are particularly vulnerable to sexual violence and
exploitation, and the Optional Protocol to the Convention on the sale of children, child
prostitution and child pornography is particularly relevant for them. Gender-sensitive
responses should be made by professionals who are trained in understanding the specific
circumstances of children in street situations. Children may have ended up in street
situations through trafficking for sexual or labour exploitation, and/or may be vulnerable to
such trafficking, as well as trafficking for body parts, and other forms of exploitation, once
they are on the streets.
Article 32 on child labour
59.
The Committee urges States to implement the provisions of article 32 (2) of the
Convention, and the International Labour Organization Minimum Age Convention, 1973
(No. 138), and Worst Forms of Child Labour Convention, 1999 (No. 182), to protect
children in street situations from economic exploitation and the worst forms of child labour.
Action against child labour should comprise comprehensive measures, including the
provision of support enabling children to transition into education and guaranteeing an
adequate standard of living for them and their families. Such measures should be developed
in collaboration with children in street situations and other key stakeholders to reflect
children’s best interests and to ensure they do not have any inadvertent negative impact on
children’s survival or development. The criminalization of begging or unlicensed trading
can result in worse forms of survival behaviours, such as commercial sexual exploitation.
Savings schemes to develop budgeting skills and safeguard earnings for children in street
situations are beneficial.
Articles 37 and 40 on juvenile justice
60.
Children in street situations are more likely to be targeted, criminalized and end up
in the juvenile or adult justice system and less likely to benefit from diversion, alternatives
to detention or restorative practices as they are unable to afford bail and may have no
responsible adults to vouch for them. Police misconduct, such as harassment (including
stealing children’s money and possessions, rounding them up or arbitrarily moving children
on, often on the orders of their superiors and/or politicians), corruption, extortion (for
money or sex) and physical, psychological or sexual violence are common rights violations
that States should criminalize as a matter of urgency. The Committee is concerned about
the application of “zero tolerance” policies criminalizing children in street situations and
resulting in forced institutionalization. States should support community policing, with an
56
20
See general comments No. 3. paras. 19 and 36-37; No. 4, paras. 2 and 23; No. 8 (2006) on the right of
the child to protection from corporal punishment and other cruel or degrading forms of punishment;
and No. 13.