CRC/C/GC/21
Public spaces
38.
In addition to association and peaceful assembly in the context of civil and political
rights, the Committee emphasizes the importance of respecting the choice of children in
street situations to associate together in public spaces, without threat to public order, to
satisfy their survival and development rights (art. 6), for rest, play and leisure (art. 31),35 to
create networks and organize their social life, and as a key feature of their lives in general.
For children in street situations, this type of gathering together is part of living. It cannot
always be broken down into discrete activities like eating, sleeping or recreation. For
children not in street situations, this cooperative coexistence with others mainly takes place
in settings like the family household or school. For children in street situations, it takes
place in public spaces. Such children need to have a safe space in which they can exercise
their right to association, interpreted here in conjunction with other rights protected under
the Convention as “spending time with others in public spaces”. The Committee has
explored the decreasing tolerance of children in public spaces in relation to article 31. 36 In
the present general comment, it extends those concerns, regarding decreasing tolerance, to
the use of public spaces by children for purposes other than those covered under article 31.
Restrictions on article 15
39.
In accordance with article 15 (2), policing or other measures relating to public order
are only permissible where such measures are taken on the basis of the law, entail
individual rather than collective assessment, comply with the principle of proportionality
and represent the least intrusive option. Such measures should not be applied on a group or
collective basis. 37 This means that harassment, violence, round-ups and street sweeps of
children in street situations, including in the context of major political, public or sporting
events, or other interventions that restrict or interfere with their rights to association and
peaceful assembly, contravene article 15 (2). Not recognizing legally constituted working
children’s unions and organizations led by children in street situations, and/or requiring
licences for organizations to which children in street situations do not have reasonable
access, constitute discrimination against them and are not in compliance with article 15 (2).
Implementation measures
40.
States should not harass or arbitrarily remove children in street situations from
where they associate and peacefully assemble in public spaces. Sanctions should be
imposed on those who violate this right. Specialized training is required to build the
capacity of police and security forces to deal with public order situations in a way that
upholds respect for the rights of children in street situations. 38 Local government by-laws
should be reviewed to ensure compliance with article 15 (2). States should support positive
measures, such as: empowering children in street situations through child rights education
and the development of life skills; preparing stakeholders to accept the views of these
children in decision-making as expressed through association and assembly; and promoting
the participation of these children in recreation, leisure, sports, artistic and cultural activities
alongside other children in the community. Legislation should not require children in street
situations’ associations or peaceful assemblies to be formally registered to incur protection
under article 15.
Articles 7 on birth registration and 8 on identity
41.
Lack of proof of identity has a negative impact on the protection of rights for
children in street situations in relation to education, health and other social services, justice,
35
36
37
38
14
See general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational
activities, cultural life and the arts, para. 21.
Ibid., para. 37.
See general comment No. 6 (2005) on treatment of unaccompanied and separated children outside
their country of origin, para. 18. Originally developed in relation to unaccompanied and separated
children who have crossed an international border, in the present general comment the Committee
extends this interpretation to all children in street situations.
See general comment No. 13, para. 44.