CRC/C/GC/21
inheritance and family reunification. As a minimum, States should ensure that free,
accessible, simple and expeditious birth registration is available to all children at all ages.
Children in street situations should be supported proactively to obtain legal identity
documents. As a temporary solution, States and local governments should allow innovative
and flexible solutions, such as providing informal identity cards, linked to civil society
personnel/addresses, allowing children in the meantime to gain access to basic services and
protection in the justice system. Innovative solutions should be adopted to overcome the
challenges faced by children in street situations, who are often highly mobile and who lack
the means to keep a physical identity document safe without losing it or having it damaged
or stolen.
Articles 13 on freedom of expression and 17 on access to information
42.
The right of children in street situations to have access to, seek and impart
information about their rights is crucial if those rights are to be understood and realized in
practice. Context-specific, accessible child rights education will help to overcome barriers
to participation so their voices can be heard. Children in street situations need to have
access through accessible and appropriate channels to accurate, high-quality and childfriendly information relating to: (a) the role and accountability of the State, and complaints
mechanisms for redress in relation to human rights violations; (b) protection from violence;
(c) sexual and reproductive health, including family planning and prevention of sexually
transmitted infections; (d) healthy lifestyles, including diet and physical activity; (e) safe
and respectful social and sexual behaviours; (f) prevention of accidents; and (g) the
negative impacts of abuse of alcohol, tobacco, drugs and other harmful substances.
Article 16 on privacy, honour and reputation
43.
Children in street situations may experience limited privacy given that they have to
carry out activities in public spaces. Discrimination on the grounds of their or their parents’
or family’s street situation makes them particularly vulnerable to violations of article 16.
The Committee recognizes forced eviction to be a violation of article 16 of the Convention,
and the Human Rights Committee has in the past recognized it to be a violation of article 17
of the International Covenant on Civil and Political Rights. 39 Recommendations in
paragraph 27 addressing stigmatization, and in paragraph 60 addressing non-discriminatory
and respectful treatment by the police, give guidance in relation to honour and reputation.
C.
Family environment and alternative care
Article 20 on the right to special protection and assistance for children deprived of a
family environment
Types of care
44.
For those children in street situations without primary or proxy caregivers, the State
is the de facto caregiver and is obliged, under article 20, to ensure alternative care to a child
temporarily or permanently deprived of his or her family environment. 40 Types of care
include: practical and moral support to children on the streets, through a trustworthy adult
street worker or peer support, without requiring or coercing children to renounce their street
connections and/or move into alternative accommodation; drop-in and community/social
centres; night shelters; day-care centres; temporary residential care in group homes; foster
care; family reunification; and independent living or long-term care options including, but
not exclusively, adoption. Deprivation of liberty, for example, in detention cells or closed
centres, is never a form of protection.
39
40
See CCPR/CO/83/KEN, para. 22, and CCPR/C/BGR/CO/3, para. 24.
See general comment No. 13, paras. 33 and 35.
15