CRC/C/GC/21
mechanisms at the local and national levels, including independent human rights
institutions. When domestic remedies are exhausted, access to applicable international
human rights mechanisms should be available, including the procedure set up by the
Optional Protocol to the Convention on a communications procedure. Reparation measures
can include restitution, compensation, rehabilitation, satisfaction and guarantees of nonrepetition of rights violations. 12
Data collection and research
23.
In partnership with academia, civil society and the private sector, States should
develop systematic, rights-respecting, participatory mechanisms to collect data and share
disaggregated information about children in street situations. States must ensure that the
collection and use of such information does not stigmatize or harm these children.
Collecting data on children in street situations should be integrated into national data
collection on children, ensuring that national data do not rely solely on household surveys,
but also cover children living outside household settings. Children in street situations
should participate in setting the aims and agendas of research and in gathering information,
analysing and disseminating research to inform policymaking, and designing specialized
interventions. 13 Street situations change rapidly, and research needs to be carried out
periodically to ensure policy and programmes are up to date.
V. Key articles of the Convention in relation to children in street
situations
Overview
24.
All the rights contained in the Convention and its Optional Protocols are interrelated
and indivisible, for children in street situations as for all children. The present general
comment should be read in conjunction with all other general comments of the Committee.
The present general comment focuses on articles that have particular significance for
children in street situations and that have not previously been the focus of general
comments by the Committee. For example, although provisions relating to violence,
education, juvenile justice and health are clearly important, they feature here as relatively
brief references to existing general comments. Some other articles, on the other hand,
receive greater scrutiny given their implications for children in street situations and the fact
that they have not previously been explored in detail by the Committee. The articles
selected below do not imply a predominance of civil and political rights over social,
economic and cultural rights for children in street situations.
A.
Articles of overarching relevance in a child rights approach
Article 2 on non-discrimination
Non-discrimination on the grounds of social origin, property, birth or other status
25.
States must respect and ensure the rights set forth in the Convention for each child
within their jurisdiction without discrimination of any kind. However, discrimination is one
of the prime causes of children ending up in street situations. Children are then
discriminated against on the basis of their connections with the street, that is, on the
grounds of their social origin, property, birth or other status, resulting in lifelong negative
consequences. The Committee interprets “other status” under article 2 of the Convention to
include the street situation of a child or his or her parents and other family members.
12
13
See www.ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparation.aspx.
See Office of the United Nations High Commissioner for Human Rights (OHCHR), “A Human
Rights-Based Approach To Data”, available from
www.ohchr.org/Documents/Issues/HRIndicators/GuidanceNoteonApproachtoData.pdf.
9