CRC/C/GC/21
situations.27 Interventions should support individual children in street situations to achieve
their optimal development,28 maximizing their positive contribution to society.
Ensuring a life with dignity
32.
States have an obligation to respect the dignity of children in street situations and
their right to life, survival and development by refraining from State-led violence and by
decriminalizing survival behaviours and status offences; to protect children in street
situations from harm caused by third parties; and to fulfil their right to life, survival and
development by designing and implementing holistic long-term strategies, on the basis of a
child rights approach, to secure their development to their fullest potential. States should
assist trustworthy and supportive adults — such as family members or State or civil society
social workers, psychologists, street workers or mentors — to help children in street
situations. States should also put in place procedural and practical funeral arrangements to
ensure dignity and respect for children who die on the streets.
Article 12 on the right to be heard29
33.
Children in street situations face particular barriers in being heard, and the
Committee encourages States to make proactive efforts to overcome those barriers. States
and intergovernmental organizations should provide — and support civil society
organizations in providing — children in street situations with a supportive and enabling
environment to: be heard in judicial and administrative proceedings; carry out their own
initiatives; and fully participate at the community and national levels in policy and
programme conceptualization, design, implementation, coordination, monitoring, review
and communication, including through the media. Interventions are of most benefit to
children in street situations when the children themselves are involved actively in assessing
needs, devising solutions, shaping strategies and carrying them out, rather than being seen
as objects for whom decisions are made. States should also listen to relevant adults, such as
family and community members, professionals and advocates, when developing prevention
and response strategies. Interventions should support individual children in street situations
to exercise their rights and develop skills, resilience, responsibility and citizenship, in line
with their evolving capacities. States should support and encourage children in street
situations to form their own child-led organizations and initiatives, which will create space
for meaningful participation and representation. 30 Where appropriate, and when properly
safeguarded, children in street situations can raise awareness by sharing their own
experiences, to reduce stigmatization and discrimination and to help prevent other children
ending up in street situations.
Article 4 on appropriate measures
34.
Under article 4, States parties shall undertake all appropriate legislative,
administrative and other measures for the implementation of the rights recognized in the
Convention. This applies to every child without discrimination, paying special attention to
the most disadvantaged groups — which clearly includes children in street situations. 31 A
minimum core obligation is incumbent upon every State to ensure the satisfaction of, at the
very least, minimum essential levels of each of the social, economic and cultural rights. 32
States should ensure that this applies to children in street situations. Lack of available
resources is not a valid argument per se for States to not comply with this core obligation.
As the Committee has already stated, the immediate and minimum core obligations
imposed by children’s rights shall not be compromised by any retrogressive measures, even
27
28
29
30
31
32
12
See general comment No. 3, para. 11.
See general comment No. 5, para. 12.
General comment No. 12 (2009) on the right of the child to be heard.
See ibid., para. 128.
See general comment No. 5, para. 8.
Committee on Economic, Social and Cultural Rights general comment No. 3 (1990) on the nature of
States parties’ obligations, para. 10.