CRC/C/GC/21
Applying a child rights approach
45.
Interventions that do not respect children as active agents in the process of moving
off the street into alternative care do not work: children often end up back on the streets
when they run away or when placements break down. Placements fail when children in
street situations are sent to unfamiliar areas to live with little-known relatives. By applying
a child rights approach to the development and provision of alternative choices, States will
ensure that children are not forced to depend on their street connections for their survival
and/or development and that they are not forced to accept placements against their will.
States should ensure, through legislation, regulation and policy directives, that the child’s
views are solicited and considered in decisions regarding placements, development and
review of care plans, and visits with family. 41 States should respect the established
international parameters that limit institutionalization as a last resort, 42 ensure that children
are not placed in alternative care unnecessarily and ensure that, where alternative care is
provided, it is delivered under appropriate conditions responding to the rights and best
interests of the child. 43 States should ensure that State and civil society-run shelters and
facilities are safe and of good quality. Where placement with family members is deemed, in
consultation with the children in street situations themselves, to be in their best interests,
careful preparation and follow-up is needed on both sides. A transitional stage between the
streets and a long-term placement is often required, the length of this period being
determined on a case-by-case basis with the child. Use of police or other detention cells to
accommodate children owing to lack of alternative care facilities is not acceptable.
Article 9 on separation from parents
46.
Many children in street situations live with their families, either on or off the streets,
and/or maintain family connections, and they should be supported to maintain those
connections. States should not separate children from their families solely on the basis of
the families’ street-working or street-living status. Likewise, States should not separate
babies or children born to children themselves in street situations. Financial and material
poverty, or conditions directly and uniquely imputable to such poverty, should never be the
only justification for the removal of a child from parental care but should be seen as a
signal for the need to provide appropriate support to the family. 44 To prevent long-term
separation, States can support temporary, rights-respecting care options for children whose
parents, for instance, migrate for certain periods of the year for seasonal employment.
Articles 3 (3) on standards for care and protection institutions, services and facilities,
and 25 on periodic review of placements
47.
It is important to establish, maintain and monitor the quality of State and non-State
services to prevent children from ending up in street situations as a result of failing to have
their care and protection rights fulfilled, and for the benefit of children already in street
situations. States should provide quality, rights-respecting services and support civil society
organizations to do the same. Non-State institutions, services and facilities for children in
street situations should be supported, resourced, accredited, regulated and monitored by the
State. Personnel involved in such services should be trained in accordance with paragraph
18.
Article 18 on parental responsibility
48.
Support for parents and legal guardians is essential to prevent children ending up in
street situations, and to strengthen family reunification programmes for children already in
street situations. States are obliged to render appropriate assistance to parents and legal
guardians in the performance of their child-rearing responsibilities and to ensure the
development of institutions, facilities and services for the care of children. States should
take measures to eliminate structural forces that put pressure on families in precarious
41
42
43
44
16
See general comments No. 12, para. 54; No. 6, para. 40; and No. 7, para. 36 (b).
See general comment No. 3, para. 35.
Guidelines for the Alternative Care of Children, GA resolution 64/142, annex.
See general comment No. 14, para. 62.