A/HRC/19/35
5.
The Committee on the Rights of the Child, the body of experts in charge of
monitoring the implementation of the Convention, regularly raises the issue of children in
street situations in its dialogue with State parties, and refers specifically to their situation in
several of its general comments, in particular No. 13 (2011) on the right of the child to
freedom from all forms of violence, No. 12 (2009) on the right of the child to be heard and
No. 10 (2007) on children‟s rights in juvenile justice. Other treaty bodies have also referred
to the situation of children, both boys and girls, living and working in the street, and have
made recommendations in this regard.
6.
In addition to the Convention, its Optional Protocols on the sale of children, child
prostitution and child pornography and on the involvement of children in armed conflict
and the recently adopted Optional Protocol on a communications procedure, it must be
noted that all core human rights treaties apply to both adults and children; indeed, some
contain specific provisions relating to children, such as article 7 of the Convention on the
Rights of Persons with Disabilities. Other international instruments also are key to the
protection of children working and/or living on the street, particularly those dealing with
child labour, trafficking, juvenile justice and alternative care for children. These include the
Minimum Age Convention No. 138 (1973) and Worst Forms of Child Labour Convention
No. 182 (1999) of the International Labour Office, which distinguish between acceptable
work carried out by children and economic exploitation, or child labour, of which total
abolition should be achieved.
7.
Another essential instrument that protects the rights of children in street situations,
given their risk of being trafficked, is the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children. There are also several non-binding
instruments which set standards on juvenile justice, such as the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), the United
Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty
(Havana Rules). The recently adopted Guidelines for the Alternative Care of Children are
intended to enhance the implementation of the Convention on the Rights of the Child and
other international instruments regarding the protection and well-being of children deprived
of parental care. They provide guidance on policies and practices for the alternative care of
children.
III. Children and their connections to the street
A.
Terminology and figures
8.
The term “street child,” used by the Commission on Human Rights in 1994, was
developed in the 1980s to describe “any girl or boy [...] for whom the street (in the broadest
sense of the word, including unoccupied dwellings, wasteland, etc.) has become his or her
habitual abode and/or source of livelihood, and who is inadequately protected, supervised
or directed by responsible adults.” At that time, “street children” were categorized as either
children on the street, who worked on the street and went home to their families at night;
children of the street, who lived on the street, were functionally without family support but
maintained family links; or abandoned children who lived completely on their own.
9.
Research in the 1990s found these categories did not accurately reflect the children‟s
circumstances or experiences. It was also generally agreed that the term “street child”
carried negative connotations. Although the term can be used pejoratively, some street
children and their representative organizations use it with pride. Today, “street children” is
understood as a socially constructed category that, in practice, does not constitute a
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