CRC/C/GC/21
(c)
Builds the capacity of children as rights holders to claim their rights and the
capacity of duty bearers to fulfil their obligations to children.
Significance for children in street situations
12.
The Committee considers that strategies and initiatives that adopt a child rights
approach fulfil the main criteria for good practice, regardless of level or context. Children
in street situations are often distrustful of adult intervention in their lives. Their abusive
treatment by adults in society has led them to be unwilling to relinquish their hard-won,
albeit limited, autonomy. This approach emphasizes full respect for their autonomy,
including supporting them to find alternatives to depending on the streets. It promotes their
resilience and capabilities, increasing their agency in decision-making and empowering
them as socioeconomic, political and cultural actors. It builds on their existing strengths and
the positive contributions they make to their own survival and development and that of their
peers, families and communities. Applying this approach is not only a moral and legal
imperative but also the most sustainable approach for identifying and implementing longterm solutions with children in street situations.
B.
National strategies
Overview
13.
To comply with obligations under the Convention, States are urged to adopt holistic
and long-term strategies and make the necessary budget allocations for children in street
situations. The cross-cutting issues and processes are shown below, followed by the
thematic content to be addressed in such strategies. As experts on their own lives, children
in street situations should participate in developing and implementing strategies. A first step
is for States to collect information about such children in their country to decide how best
to uphold their rights. States should take a cross-sectoral approach to understand how
policy in one area, for example, finance, affects policy in another, for example, education,
which in turn affects children in street situations. States should encourage cross-sectoral
and inter-State cooperation.
Legislative and policy review
14.
States should assess how laws and policies can be improved to reflect the
recommendations of the present general comment. States should, with immediate effect:
remove provisions that directly or indirectly discriminate on the grounds of the street
situation of children or their parents or family; abolish any provisions allowing or
supporting the round-up or arbitrary removal of children and their families from the streets
or public spaces; abolish where appropriate offences that criminalize and disproportionately
affect children in street situations, such as begging, breach of curfews, loitering, vagrancy
and running away from home; and abolish offences that criminalize children for being a
victim of commercial sexual exploitation, and so-called moral offences, such as sex outside
of marriage. States should introduce or review an act on child protection or children based
on a child rights approach and that specifically addresses children in street situations. The
act should be implemented by enabling policies, mandates, operating procedures, guidelines,
service delivery, oversight and enforcement mechanisms, and developed in collaboration
with key stakeholders, including children in street situations. States may need to develop
nationally relevant policy and legal definitions of such children on the basis of participatory
research, in contexts where this is necessary to facilitate interventions by legally mandated
professionals and services. However, the process of developing legal definitions should not
delay taking action to address rights violations.
Role of the State and responsibilities, regulation and coordination of non-State actors
15.
Strategies for children in street situations should acknowledge State and non-State
actors. The role of the State, as primary duty bearer, is outlined in section V below. States
have an obligation to help parents or caregivers to secure, within their abilities and financial
capacities and with respect for the evolving capacities of the child, the living conditions
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