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                          Protection and promotion of
                          the rights of children working
                          and/or living on the street
Protection and promotion of
the rights of children working
and/or living on the street
Protection and promotion of
 rotection
the rights of children working
and/or living on the street



                                              ILO     rozet/
                                               © M. C




Summary
T
      he present report           conditions, including growing    The report makes a number      research more participatory.
      analyses the                inequalities and patterns        of recommendations to States   As requested by the Human
      circumstances of children   of urbanisation. The report      and draws attention to this    Rights Council, children
working and/or living on          analyses the causes that lead    moment of opportunity when     working and/or living on the
the streets. It concludes         children to the street and the   States are developing or       street have been consulted
that the actual number of         challenges they face in their    strengthening comprehensive    in the preparation of the
children who depend on the        everyday lives. It recognises    child protection systems;      present report. Investing in
streets for their survival and    that before reaching the         civil society organizations    children in street situations is
development is not known          streets, children will have      are consolidating promising    essential to building a society
and that the number fluctuates     experienced multiple             specialized interventions;     that respects human dignity,
according to socio-economic,      deprivations and violations of   data collection is becoming    because every child counts.
political and4  cultural          their rights.                    more systematic and
CONTENTS
                                                                                          Paragraphs       Page


              Preface                                                                                       6
              I.                     Introduction                                           1–2             8
              II.                    International legal standards                          3–7             8
              III.                   Children and their connections to the street           8–28            9
                                     A. Terminology and figures                              8–13            9
                                     B. Characteristics and experiences                    14–15           10
                                     C. Causes leading children to the street              16–19           11
                                     D. Challenges facing children in street situations    20–24           12
                                     E. Violence against children in street situations     25–28           13
              IV.                    Roles and responsibilities                            29–36           14
              V.                     Criteria for good practices                           37–40           15
              VI. Data collection                                                          41–48           17
              VII. Children’s voices                                                       49–61           19
                                     A. The child as an individual                         50–53           19
                                     B. Access to support                                  54–57           19
                                     C. Access to rights                                   58–61           19
              VIII. Conclusions and recommendations                                        62–79           20
              Annex                                                                                        24




             NOTE
             The designations employed and the presentation of material in this publication do not
             imply the expression of any opinion whatsoever on the part of the Secretariat of the United
             Nations concerning the legal status of any country, territory, city or area, or of its authorities,
             or concerning the delimitation of its frontiers or boundaries.
             This report, prepared by the Office of the High Commissioner for Human Rights, has been
             produced through a unique cross-sector partnership with the Consortium for Street Children,
             Aviva and UNICEF.
                             i/ILO
/ILO




                      ianott
    eloche




               © E. G
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                                                                      he/ILO  eloc




                                                                                                       5
                                                                       © P. D
© J. Maillard/ILO




6
                    Preface
H
        uman Rights Council Resolution 16/12 on           with almost universal ratification, makes no special
        the protection and promotion of the rights of     reference to children working and/or living on the
        children working and/or living on the street      street, all its provisions are applicable to them.
attracted more co-sponsors than almost any other
                                                          Children living and/or working in the streets
resolution since the creation of the Human Rights
                                                          cannot be considered as a social problem but,
Council in 2006. Such high support testifies to
                                                          instead, as human beings with full potential to
States’ recognition of the importance of advancing
                                                          contribute to society and as positive agents for
an issue which had not been a direct focus of
                                                          change. They must be able to participate in matters
UN attention since the early 1990’s when it was
                                                          affecting them and be empowered to speak up for
discussed on several occasions at the General
                                                          the fulfillment of their rights. Effective strategies to
Assembly and the then Human Rights Commission.
                                                          protect children with street connections must ensure
This report, prepared by the Office of the High
                                                          their participation in the design, development and
Commissioner for Human Rights (OHCHR) through a
                                                          evaluation of programmes to support them. This is
unique cross-sector partnership with the Consortium
                                                          a moment of opportunity, as States are developing
for Street Children, Aviva and the United Nations
                                                          and/or strengthening comprehensive child
Children’s Fund (UNICEF), concludes that the number
                                                          protection systems; civil society organizations are
of children in street situations fluctuates according
                                                          consolidating promising specialized interventions;
to socio-economic, political and cultural conditions,
                                                          data collection is becoming more systematic; and
including growing inequalities and patterns of
                                                          research studies adopt an increasingly participatory
urbanization. It recognizes that before reaching the
                                                          approach.
street, children have experienced multiple deprivations
and violations of their rights, which leads to them       We hope that this report will serve as a platform for
developing strong connections to the street.              future work at national, regional and local levels, as
                                                          investing in children who are in street situations is
A rights-based approach starts from the premise
                                                          an essential ingredient to building a society which
that all children are “rights holders”. All children,
                                                          respects human dignity and human rights.
irrespective of their economic status, race, colour,
sex, language, religion, national, ethnic or social
origin, property, disability, birth or any other status     Office of the High Commissioner for Human Rights
have the same rights and are entitled to the same                             United Nations Children’s Fund
protection by the State. While the Convention on                               Consortium for Street Children
the Rights of the Child, an international instrument                                                   Aviva




                                                                                                                7
AFP PHOTO
                                Doychinov/
                      © Nikolay




I.        Introduction                                           to gather input from different stakeholders. Two
                                                                 documents were commissioned by OHCHR
1.      This report is submitted to the Human Rights             for this process: a global research paper by
Council pursuant to resolution 16/12 of 24 March                 independent consultant, Dr. Sarah Thomas de
2011, in which it invited the Office of the High                  Benitez; and a paper on the views of children
Commissioner for Human Rights (OHCHR) to                         led by the Consortium for Street Children. Both
conduct a study on challenges, lessons learned and               documents, as well as the results of the consultation,
best practices in a holistic, child rights and gender-           written submissions, input from States and other
based approach to protect and promote the rights                 stakeholders informed the preparation of this
of children working and/or living on the street and              report. All these documents and information
to present it to the Council at its nineteenth session.          about the process are available at http://www.
It also requested OHCHR to conduct the study in                  ohchr.org/EN/Issues/Children/Study/Pages/
close collaboration with relevant stakeholders,                  childrenonthestreet.aspx.
including States, the United Nations Children’s
Fund (UNICEF) and other United Nations bodies
and agencies, the Special Representative of the                  II. International legal
Secretary-General on violence against children, the
Special Representative of the Secretary-General for
                                                                 standards
children and armed conflict, the Special Rapporteur               3.      The international legal framework
on the sale of children, child prostitution and child            establishing the obligations of States in relation
pornography and other relevant special procedures                to children has never been as comprehensive as
mandate holders, regional organizations, civil                   it is today. The 1989 Convention on the Rights
society, national human rights institutions as well as           of the Child constitutes the main international
children themselves.                                             instrument for the promotion and protection of the
2.      Contributions were received from States,                 rights of the child, and it applies to all children in
intergovernmental organizations, national human                  all circumstances. Its almost universal ratification
rights institutions, non-governmental organizations              demonstrates the importance that States accord
(NGOs), academia and individual experts. On 1                    to the protection and promotion of the rights
and 2 November 2011, OHCHR, with the support                     of children. The Convention is unique as the
of Aviva,1 the Consortium for Street Children                    first legally binding instrument to take a holistic
and UNICEF, organized an expert consultation                     approach to the rights of the child. It covers a
on children working and/or living on the street,                 whole range of rights – civil, political, economic,
                                                                 social and cultural; establishes a framework of

1
    Aviva is the world’s sixth largest insurance group and the
    largest in the United Kingdom (www.aviva.com).


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




                                                                                                                 9
Today, “street children” is understood as a socially    The frequently cited global estimate of more than
constructed category that, in practice, does not        100 million street children has been questioned.
constitute a homogeneous population, making the         Research undertaken for this report concludes
term difficult to use for research, policymaking and     that global estimates of the number of children in
intervention design.                                    street situations have no basis in fact, and we are
                                                        no closer today to knowing how many children
10. Terminology has continued to evolve to
                                                        worldwide are working and/or living in the streets.
recognize children as social actors whose lives
                                                        There is general agreement that estimates in the
are not circumscribed by the street. Human Rights
                                                        1980s were exaggerated, but a rapidly urbanizing
Council resolution 16/12 refers to children working
                                                        and growing global population, together with
and/or living on the street, and the Committee
                                                        increasing inequalities and migration, suggest that
on the Rights of the Child has adopted the term
                                                        numbers are generally increasing, including in
“children in street situations,” recognizing that
                                                        richer regions. The number and flow of children
children engage in numerous activities on the street
                                                        onto the streets of a given city or country may
and that if there is a “problem” it is not the child,
                                                        fluctuate significantly according to changes in socio-
but rather the situations in which s/he finds her/
                                                        economic and cultural-political contexts, availability
himself.
                                                        of protection services and patterns of urbanization.
11. As recognized during the expert
                                                        13. A number of country-wide analyses
consultation, new terminology is emerging which
                                                        in countries as diverse as Romania, Mexico,
emphasizes relationships and “street connections,”
                                                        Zimbabwe, Egypt, Georgia and Turkey, as well as
drawing attention to choices children make in
                                                        contributions to this study from States, demonstrate
developing relationships on the street, alongside
                                                        the complexity of making reliable estimates of
other connections they have with their families,
                                                        children in the streets. What is known is that
neighbourhoods and schools. Most children
                                                        children with street connections form a relatively
have some connections with the street (for play,
                                                        small proportion of the global population of
socialization, leisure and consumption) but are
                                                        children, and international concern should be less
not reliant on public spaces for their development;
                                                        about numbers and more about the persistence of
they have stronger connections with family, school
                                                        appalling conditions that force children to choose to
and peers in the community. Taking a holistic
                                                        move onto urban streets.
approach that understands children as growing
and developing within a series of inter-connected
                                                        B. CHARACTERISTICS AND EXPERIENCES
environments, the term “street connections”
recognizes that the street may be a crucial point of    14. Street children have typically been
reference for some children, even when they are         represented as male, aged around 13 or 14,
not physically present there. Street connections can    engaged in substance abuse, early sexual activity,
become vital to children’s everyday survival, their     delinquency, and either orphaned or abandoned.
selection of coping strategies, and their identity      These stereotypes reflect public attitudes towards
development. A street-connected child is understood     street children more than the reality of individual
as a child for whom the street is a central reference   children’s lives. Such representations are
point – one which plays a significant role in his/her    problematic because they fail to capture diverse
everyday life and identity.                             realities of children’s lives. Children seen as
12. This report acknowledges there are a number         “victims” are more likely to be treated as passive
of terms and definitions in use, including “children     objects of welfare rather than as rights holders,
working and/or living on the street,” “children         while children seen as “delinquents” are more likely
in street situations” and “children with street         to be subjected to violence and to end up in the
connections,” each having the potential to offer        penal system.
distinctive insights and to encourage new avenues       15. In reality, the characteristics of children on
of research. At the same time, contested definitions     the streets are very diverse. While in many cities,
and evolving terminology have made it difficult to       children in street situations are predominantly male,
estimate the number of children in street situations.   in some places, girls outnumber boys (a 2005



10
study in Mali and Ghana found that in Bamako,          17. Overwhelmed families often struggle to
the large majority of children counted were boys,      cope in overcrowded, inadequate housing, with
while in Accra, three out of four were girls).         increased health risks and poor access to basic
Similarly, some children are born on the streets but   services, sometimes migrating or moving between
others move onto the streets only in adolescence.      poor neighbourhoods. Unstable, often violent
Discrimination around ethnicity also shapes risks      circumstances can weaken children’s family
faced by and opportunities open to children. In        connections as well as their access to adequate
some Latin American countries, for example, a          schooling, educational performance, friendships
disproportionate number of indigenous children                     and other relationships, weakening
are in street situations. Experiences of street                       their connections to school and
work, sexual activity and substance use are                                community.
similarly diverse, reflecting government
                                                                            18.          Other pathways to
policies, local cultures, formal and illegal
                                                                             the street include HIV/AIDS,
market realities, social transformations
                                                                             harmful practices such as
and inequalities, as well as children’s
                                                                             early and forced marriages,
characteristics and experiences.
                                                                             natural disasters, war and
                                                                             internal displacement.
C. CAUSES LEADING CHILDREN TO THE
                                                                            These, alongside experiences
STREET
                                                                               of violence, abuse and
16. Traditionally, economic poverty                                               neglect at home, can
and family breakdown or abandonment of                                              be understood within
children were held in combination to be                                                 a framework of
the main causes of street children.                                                        significant
However, conventional wisdom                                                                 income
has been challenged in both
respects. First, while poverty can
be an important pathway to
the street, the great majority of
children who live in economic
poverty do not end up in
the streets. Second, while
many families of children
in street situations have
been identified as fragile,
violent or unstable,
orphaned or abandoned
children are more
unusual. Most families of
street-connected children
have experienced persistent
discrimination, poverty and social
exclusion within societies where
inequalities are high and/
or growing. Few have received
economic support, child-care
assistance, help to ensure that absent
parents assume responsibilities towards
their children, access to mental health
or drug rehabilitation services.
                                                                                                             © J. Maillard/ILO




                                                                                                       11
inequalities, a poor socio-cultural context and            away by local businesses or detained by police
inadequate social protection that together deprive         for processing in the penal system (repressive
children of many of their rights.                          approach).
19. These are often called “push” factors, that            22. Both the welfare and repressive approaches
is, causes that encourage or force children onto the       fail to take into account the child as a rights holder
street. There are also “pull” factors that can help        or put the best interests of the child first. From a
make the street attractive to a child – although these     rights-based perspective, the greatest challenge
play a much smaller role in leading children into          faced by a child in a street situation is being
street situations. Pull factors include spatial freedom,   recognized and treated as a rights holder.
financial independence, adventure, city glamour
                                                           23. A related challenge in the street is managing
and street-based friendships or gangs. These can
                                                           relationships – whether abusive, exploitative and/
develop over time into strong street connections
                                                           or supportive – with family and friends, government
that, combined with social stigma and prejudices,
                                                           officials, including the police, NGO workers,
make it difficult for children to find desirable options
                                                           the local business community, employers, gang
off the street. Each child has a unique story of push
                                                           leaders and members, and the public. Children’s
and pull factors that led him or her, sometimes
                                                           relationships can help them survive on the streets
repeatedly and in different ways, to develop street
                                                           and/or perpetuate conditions of violent abuse of
connections.
                                                           their rights. The nature and intensity of on-street
                                                           relationships are mediated in part by the socio-
D. CHALLENGES FACING CHILDREN IN STREET
                                                           cultural context, and in part by characteristics such
SITUATIONS
                                                           as gender and age (for example, younger children
20. The most complex challenge faced by                    and girls may need to adopt submissive roles in
children in the streets is dealing with the perceptions    gangs to obtain some degree of protection).
of those around them and the treatment they are            24. Other, more specific challenges present
consequently afforded. It should be borne in mind          in wider society can be exacerbated in street
that the majority of these children have already           situations, particularly those related to access to
experienced multiple violations of their rights before     basic services, and physical and mental health
spending time on the streets, whether at home or in        issues. Challenges can include disproportionately
care, including in institutions such as orphanages,        high rates of substance abuse, HIV/AIDS, sexually
detention centres, rehabilitation centres and juvenile     transmitted infections, pregnancy, random violence,
justice institutions.                                      suicidal thoughts, exposure to pollution and traffic
21. A rights-based approach starts from the                accidents. Children in the streets – particularly
premise that all children are “rights holders.” In         those who spend time living there – are also
reality, children in street situations are deprived of     likely to lose access to basic services to which all
many of their rights – both before and during their        children are entitled, either because they lack the
time on the streets – and while on the street, they        identity documents deemed necessary for health
are more likely to be seen as victims or delinquents       care, schooling, etc., or because establishments
than as rights holders. Whether a child is viewed as       or individual officers discriminate against them.
a victim or a delinquent depends on who is viewing         According to a 2011 UNICEF report on HIV among
and the social attitudes towards the children’s            adolescents in Ukraine, children working and/or
characteristics (age, gender, ethnicity, religion, etc)    living on the streets in Ukraine were found to be
and the activities in which he or she is engaged           disproportionately vulnerable to HIV due to several
(selling flowers versus sniffing glue). A child seen         behavioural factors: 22 per cent had experience
as “victim” might be subjected to further abuse            injecting drugs; 65 per cent of girls provided
or exploitation or might be “rescued” from the             commercial sex services or “sex for reward”; 7 per
street (welfare approach) and perhaps placed in a          cent of boys reported having had sex with men;
children’s shelter. A child viewed as “delinquent”         and only 13 per cent always used condoms with
might be targeted to join a criminal group, driven         casual sexual partners.




12
E. VIOLENCE AGAINST CHILDREN IN STREET                     observations on Cambodia (CRC/C/KHM/
SITUATIONS                                                 CO/2), the Committee on the Rights of the Child
                                                           expressed concern about the “cleaning up the
25. All children have the right to freedom from all
                                                           streets” operations conducted by police, such as
forms of violence, as recognized by the Convention
                                                           one in early 2008, during which many children in
on the Rights of the Child and GC-13 on art 19 of
                                                           street situations were sent to rehabilitation centres,
the Convention. According to the Committee on the
                                                           illegally confined and subjected to a variety of
Rights of the Child, children in street situations are
                                                           abuses which, in some cases, resulted in death,
at high risk of suffering violence, particularly torture
                                                           including by suicide.
and inhuman or degrading treatment or punishment.
Indeed, a pervasive thread running through the             27. During the preparation of this report, the
challenges faced by street-connected children is           issue of violence against children by the police was
their persistent exposure to and direct experiences        repeatedly raised. It should be noted, that many
of violence, whether physical, sexual and/or               children reported having received friendly advice and
psychological in nature. Life stories of children with     support from some police officers. However, abuses
street connections are infused with violence, often        by the police are rarely investigated and impunity is
from an early age.                                         commonplace. Without appropriate, child-sensitive
                                                           counselling, complaint and reporting mechanisms to
26. One result is that children moving onto the
                                                           which street-connected children can report incidents of
street can evidence anything from psychological
                                                           violence, police impunity is likely to continue.
distress to profound trauma. While the streets
can offer respite from domestic or community-              28. Such extensive exposure to violence underlies
based violence, they expose children to other              children’s other challenges in the street and carries
settings for and forms of violence, including daily        serious consequences for long-term health and
psychological violence through stigmatization and          personal development through adolescence into
intimidation of street children; random physical           adulthood. Children’s ability to trust and form
and/or sexual violence by other street inhabitants         attachments may be severely damaged, with
or members of the public; expressions of violence          potential effects for their development of future
within street gangs; by organizers of forced sex-          relationships. The costs to the children, their family
selling or vagrancy; by local businesses; through          and friends and society as a whole are heavy.
forcible police round-ups; premeditated rapes              Understanding the effects of violence is critical to
and extrajudicial killings. In its recent concluding       protecting children.




                                                                                                                     © Kibae Park/UN photo




                                                                                                                13
IV. Roles and responsibilities                            32. Comprehensive child protection systems
                                                          (CPS) are being developed and strengthened in
29. Under international human rights law, States,         many countries in response to these needs as an
as the principal duty bearers, are accountable for        organizational form consistent with a rights-based,
respecting, protecting and fulfilling children’s rights    holistic approach, capable of delineating roles
within their territories. While States play the role of   and responsibilities, with integrated mechanisms
the principal duty bearer for all children – including    for reporting by children and other data collection,
street-connected children – other non-State entities,     quality standards, research and analysis, for
professionals and individuals are also recognized         accountability. However, a systems approach is
by the Convention on the Rights of the Child as           conceptually a relative newcomer to social work
duty bearers in the fulfilment of children’s rights.       and child protection, so child protection systems
They include parents and families, teachers, doctors      are still a work in progress, and as yet there is no
and social workers, employers and/or probation            precise, commonly agreed, definition or description
officers. States have the obligation, as principal         of such a system. UNICEF proposed the following
duty bearers, to ensure that the secondary duty           working definition: “Child protection systems
bearers have the knowledge and means to carry out         comprise the set of laws, policies, regulations
their specific obligations.                                and services needed across all social sectors –
                                                          especially social welfare, education, health, security
30. Protecting children and preventing
                                                          and justice – to support prevention and response to
experiences of multiple deprivations implies taking
                                                          protection related risks”2 – a far-reaching definition
a holistic approach that understands children’s
                                                          which includes laws and policies as well as services
relationships as interdependent and interconnected,
                                                          across all sectors relevant to children. Save the
and therefore recognizes that rights can be
                                                          Children has identified 11 key components for a
violated – but also defended – by a range of duty
                                                          successful national CPS, namely, a legal framework,
bearers within the family, the community and wider
                                                          a national strategy, a coordinating agency, local
society, including the international community.
                                                          protection services, child-friendly justice, child
Defending children from violence and other rights
                                                          participation, a supportive public, a trained
violations that push children into developing
                                                          workforce, adequate resources, standards and
connections with the streets requires a coordinated
                                                          monitoring mechanism and data collection systems.3
and comprehensive approach across government
departments (from finance, through trade,                  33. A fully functioning CPS is likely to greatly
employment, social sectors – such as recreation and       improve protection for all children, including
sports, health, education and social well-being) and      those at the highest risk of moving into street
with the involvement of duty bearers at the family        situations. A priority area for protecting children
and community levels.                                     from the multiple deprivations that push children
                                                          into developing street connections is the provision
31. Such an approach can only work if an
                                                          of support for families and other carers at the
overarching system to protect children is put in
                                                          community level to ensure children are safe and can
place – a system in which duty bearers understand
                                                          access their rights. Examples of such support might
and assume their roles and responsibilities
                                                          include universal child benefits through payments to
and can be held accountable for protecting
                                                          the main carer; tax relief and economic support for
children’s rights. Clear delineations of the roles
                                                          single heads of household, incentives for fathers to
and responsibilities of each duty bearer must be
                                                          support their children and play positive parenting
explicitly agreed in codes of conduct, memoranda,
                                                          roles, early detection of domestic violence and local
protocols or manuals to avoid children falling into
                                                          protection schemes, provision of pre-school and
gaps between services, and inefficient, potentially
                                                          after-school child care in the local community.
harmful, duplication when the limits of roles and
responsibilities are not clear. Accountability is
necessary to ensure that when children’s rights are       2
                                                              See E/ICEF/2008/5/Rev.1, para. 12.
violated, the corresponding duty bearers can be           3
                                                              See Save the Children, “Keys to successful national child
identified and held accountable.                               protection systems,” May 2011.




14
© K. Lease
34. It is clear from experience that developing           ground, whose size allow flexibility and whose
a government-led, multi-stakeholder, national             expertise is in local street connections. These
CPS, using existing legislation and social values,        interventions should be firmly linked to a national
which is rights-based in practice and capable of          CPS to be able to coordinate children’s access
protecting children from multiple deprivations takes      to the range of basic services. When States are
time, financial resources, as well as significant           unable, in the short-term, to provide necessary
consultation and commitment. Evidence suggests            resources and support, the private sector, academia
that emerging child protection systems should focus       and the international community might be engaged
on core areas of child protection, social well-being,     as partners to ensure that specialized interventions
justice and security. Early introduction of data          by delegated duty bearers have the means and
collection systems and research mechanisms have           capacity to fulfil the rights of children who have
been found useful – for example in West Africa –          developed strong connections to the street.
for periodic mapping and analysis of progress to
address problems and recognize early successes.
35. Specialized interventions offer children
                                                          V. Criteria for good
who develop street connections the personalized           practices
support they need to access their rights. In line with
a rights-based, holistic approach, these specialized      37. There are many examples in all regions of
interventions should take a child-centred approach;       initiatives developed by States and non-State entities
accompany each child over time to build a                 that seek to address rights violations experienced by
relationship, consider effects of multiple deprivations   children in street situations. These include:
and understand his or her street connections; ensure      •	 Local policies: designed in close consultation
he or she can have full access to basic services; offer      with civil society, academia and community
and/or refer the child to specialized services (psycho-      groups, for example in the city of Rio de Janeiro,
social counselling, support for drug abuse, trauma           Brazil, around railway stations in India and
therapies, empowerment through sports, complaint             as part of Canada’s Homelessness Partnering
and reporting mechanisms, support services) that can         Strategy to make a range of services available
help the child to (re)connect positively with family         to young persons with street connections;
and local community services. Such interventions do
not necessarily imply that a child should renounce his    •	 Training for law-enforcement officers on child rights
or her street connections, but rather than his or her        and child protection: initiated by some States, for
access to rights should be fully guaranteed.                 example in 2008-2009, the Consortium for Street
                                                             Children partnered with Ethiopia’s Police University
36. Evidence suggests that specialized                       College and UNICEF to train police trainers, who
interventions that are tailor-made and personalized          have since, in turn, trained 36,000 police officers
are better managed by small groups close to the              throughout the country;



                                                                                                              15
•	 Outreach support on the street by social street                   government, parliament and the judiciary, as
   workers trained in child-centred approaches:                      stated in the Committee’s general comment
   increasingly used as a participatory approach                     No. 5 (2003) on general measures of
   to building relationships with children over                      implementation of the Convention.
   time in their own spaces in cities as diverse as
                                                           (b)       Non-discrimination: children in street
   Kinshasa, Mexico City, New Delhi and Brussels;
                                                                     situations have the right to be treated as all
•	 Support for families: the focus of organizations                  other children. Equality does not mean that
   in a number of countries, for example, Safe                       rights have to be delivered in the same way;
   Families Safe Children Coalition is a group of                    the best interests of each child determine
   organizations working together across the globe                   how that child’s rights can best be achieved.
   to strengthen family relationships to create home                 Explicit discrimination includes vagrancy
   environments where street-connected children                      laws and policies allowing street children
   can gain sustainable access to their rights.                      to be detained for survival behaviours;
                                                                     implicit discrimination includes requiring
38. The above examples illustrate the broad
                                                                     birth certificates to access health care or
agreement that identifying and sharing good
                                                                     education.
practices contribute to safeguarding children’s
rights. There has, however, been little research           (c)       Participation is a right and a practical
into what “good practice” means in relation to                       imperative. The opinion of street-connected
children with street connections. And there is no                    children should inform policies, plans and
agreement about what constitutes good practice                       interventions designed to address them.
in arenas as diverse as procedures for reporting                     Street-connected children may have difficulty
violations of children’s rights; public-private-NGO                  forming positive relationships with adults,
partnerships; child protection systems; street-based                 therefore care, consistency and respect,
services; support for families; research; capacity-                  built over time, are important to ensure their
building, knowledge sharing and organizational                       meaningful participation.
development; advocacy; policies and strategies;
                                                           (d)       Accountability on the part of courts
budgets and financing mechanisms; legislation;
                                                                     and tribunals, which should respect street-
international cooperation for street-connected
                                                                     connected children by listening to them
children. Criteria for good practice need to reach
                                                                     and taking due account of their views
across all levels of practice that concern children
                                                                     and experiences; offering child-friendly
with street connections.
                                                                     justice; having staff trained in child-friendly
39. For this study, 10 criteria were developed as                    procedures and child rights; using language
a basis for discussion. Five are cross-cutting criteria              that can be understood by street-connected
which coincide with three general principles of the                  children; and enforcing judgments. Children
Convention on the Rights of the Child and should                     who are victims of violations are entitled to
always be evident in good practices; five are                         reparation, restitution, compensation and
normative criteria reflecting experiences of children                 guarantees of non-repetition. Mechanisms
with street connections, which may or may not be                     for accountability should ensure States and
relevant in all practices, namely, safety, availability,             other actors comply with their obligations
accessibility, quality and flexibility.4                              to children, for example through monitoring
                                                                     and evaluating practices; receiving and
40. The cross-cutting criteria which should form
                                                                     responding to complaints; providing remedies
the basis of good practices are as follows:
                                                                     or redress for human rights violations.
(a)    Best interests of children in street situations
       must be a primary concern in all actions
       that concern them – by parents, carers,             4
                                                               For details of the normative criteria and examples of the
       lawmakers, policymakers, welfare institutions           cross-cutting criteria, please refer to the Global Research Paper
       and those who influence or control resource              presented to the Expert Consultation on 1-2 November 2011,
                                                               available at http://www.ohchr.org/EN/Issues/Children/
       allocation, including decisions throughout              Study/Pages/ExpertConsultation.aspx.




16
(e)   Sustainability means ensuring continuity          42. Despite the lack of agreement on definitions,
      of support to defend children’s enjoyment         a number of States have conducted well-designed,
      of their rights. Sustainability of individual     national or city-wide studies by clarifying the
      improvements means providing children             definitions they are using. Thus, definitional
      with appropriate support so they can enjoy        difficulties are not an insuperable barrier for data
      their rights into youth and adulthood. This       collection. Recent advances in terminology, such
      requires appropriate legal, financial and          “children in street situations,” used by the Committee
      policy support. Sustainability implies finding     and current work around “street connections,”
      cost-effective investments rather than limiting   suggest new avenues for reaching international
      action to assumptions of “means available.”       agreement on definitions and terminology consistent
                                                        with a rights-based, holistic approach.

VI. Data collection                                     43. Some key methodological difficulties have
                                                        been addressed by various innovative means, for
41. As reflected in the submissions by                   example, counting and describing populations of
governments, few States collect or regularly update     children in the streets, the capture-recapture method
information about children in street situations – the   used with respondent-driven sampling and to gather
main reasons cited being contested definitions;          qualitative information about their circumstances
methodological difficulties due to the children’s        and experiences, and the rapid assessment method
elusiveness and mobility; lack of investment in         developed by UNICEF and ILO. Meanwhile, NGOs
research; and lack of policy leadership. However,       working with children in street situations have
recent advances, made in all four areas, encourage      conducted innovative data collection at city-level,
more systematic and appropriate data collection.        including repeat studies at regular intervals for




                                                                                                                 © Marco Dormin/UN photo




                                                                                                           17
trends and head counts by teams of social workers         to children’s experiences and a systemic approach
using triangulation and peer review.                      to interventions and policy-making. In this respect,
                                                          the Committee recommends that States develop a
44. One main challenge for States has been
                                                          comprehensive and coordinated system of data
investing in research with children. This has
                                                          collection, comprising disaggregated data so as to
been tackled in the closely related field of child
                                                          be able to identify discrimination and/or disparities
labour, through inter-agency collaboration, for
                                                          in the realization of rights. Without appropriate
example, the Understanding Children’s Work
                                                          data collection, it is difficult to detect obstacles to
research programme of ILO, UNICEF and the
                                                          implementation or recognize progress achieved
World Bank – suggesting that a similar route could
                                                          in programmes or interventions in terms of rights-
be developed with children in street situations.
                                                          based outcomes for children. Children, as experts
Child labour data collection is supported by ILO’s
                                                          on their own lives, should be enabled to participate
Statistical Information and Monitoring Programme
                                                          in data collection, as well as in the analysis and
on Child Labour (SIMPOC), launched in 1998 with
                                                          dissemination of research.
contributions from donor countries to provide a
solid information base for appropriate                                                   47. Data collected
research                                                                                 should distinguish
methodologies                                                                             children who have
on child labour.                                                                          street connections
SIMPOC assists                                                                             within wider groups
countries with                                                                             of surveyed children;
data collection,                                                                           be disaggregated by
provides                                                                                    sex, age and ethnicity
guidance on how                                                                              among salient


                                                                                     Photo
to process and                                                                               characteristics; and

                                                                                                 assi/UN
analyse data,                                                                                identify the type of
offers a variety                                                                              street connections
                                                                                      © Logan Ab

of statistical tools,                                                                         (independence,
micro datasets                                                                                 drug use, survival,
and survey reports                                                                             gang membership,
available online,                                                                   forced labour) as well as
and also produces                                         other factors relevant to local contexts experienced
global and regional estimates of child labour             by children. Research must be understood as
regularly.                                                encompassing all environments that affect street-
                                                          connected children, including family and home,
45. A second difficulty has been the lack
                                                          neighbourhood, support interventions, institutions that
of policy leadership to implement systematic,
                                                          persecute children with street connections, policies
disaggregated data collection and information
                                                          and systems that affect, include and/or target street-
systems around children in street situations. There is
                                                          connected children, national legislation and budgets
also increasing interest in finding cost-effective ways
                                                          designed to guarantee and enforce children’s
to prevent violations of children’s rights and restore
                                                          rights, as well as global institutions and interactions
rights to children – an interest to which civil society
                                                          between countries.
and the private sector are beginning to respond
with evidence-based studies.                              48. Robust data collection is vital for identifying
                                                          and assessing good practices. At the same time,
46. Data collection, analysis and development
                                                          criteria for good practice should be evident
of indicators are all essential to implementing and
                                                          throughout data collection. For example, in the
assessing the rights enshrined in the Convention
                                                          best interests of the child, data about violations of
with respect to children in street situations.
                                                          children’s rights should be systematically collected
An appropriate framework for data collection
                                                          and analysed, using a holistic approach and child-
concerning street-connected children should, then,
                                                          centred research methods, while findings should be
reflect a rights-based approach, a holistic approach
                                                          used to fulfil street-connected children’s rights.



18
VII. Children’s voices                                   connections to this work. In Ecuador, one boy
                                                         reflected, “I started working when I was 5 years
49. In resolution 16/12, the Council requested           old and it was really difficult (...) I didn’t want to
that the study be conducted in collaboration with        be on the streets, I didn’t like it, I wanted to be with
children themselves. In order to bring children’s        my family and to be in school, but we needed help
diverse and distinctive views into the process, a        financially and I knew it wasn’t supposed to be that
number of NGOs, members of the Consortium for            way but if you don’t work, things just aren’t going
Street Children that runs specialized interventions      to fall out of the sky to feed you (...) I continue to do
with children connected to the street, were invited      it because I like it and not just because we need the
to facilitate children’s participation and gather        money. It is something that I learned to do (...) and I
their views about their circumstances, experiences       don’t want to give up doing it just for the sake of it.”
and aspirations. A total of 123 children in street       53. In general, children self-identified as strong,
situations – 29 girls and 94 boys, aged between          positive and engaged, able and willing to make
5 and 18 – were consulted in Ecuador, India,             positive contributions within wider society. They
Uganda, Ethiopia, Kenya and Morocco. This is a           showed pride in helping others, being good citizens
relatively small number and no claims are made           and supporting themselves and their families.
to represent any other than the children consulted.
The facilitating NGOs have long-standing expertise       B. ACCESS TO SUPPORT
in supporting street-connected children and strong
child protection policies; they used an agreed           54. In Ethiopia, another boy said, “the public
participatory methodology to ensure the children’s       does not like to see us. They inform the police to
meaningful participation. Participation was restricted   take us away”, and in Ecuador, one older street-
to children who were already in regular contact with     connected youth noted, “sometimes I felt rejected
the NGOs, so that a level of trust had already been      by other people, they didn’t want to be close to me
developed between facilitators and the children.         because they thought I would hurt them because
The consultation process included group discussion,      they think that all people that work on the street
role-play and drawing, instead of more conventional      steal, murder and smoke drugs.”
surveys or interviews. Consultation centred on three     55. Trust is a major issue. One street girl in
overarching themes: the child him or herself; their      Morocco reflected, “I don’t tell anyone. For me, I
access to support; and access to their rights.           get used to it, whatever troubles me. There is no one
                                                         I can really trust so it just stays inside me, even if it
A. THE CHILD AS AN INDIVIDUAL                            gets worse that way.”
50. “It’s like this: You have to sacrifice things you     56. When asked what would help, children
want for your future, like study maybe, for the future   in Uganda said they wanted someone “who will
of your family. But if you ask me, I want to help        always identify with them, approve of them, and is
others. If I am to be asked, what have you done          able to help and guide them.” They also wished for
with your life, I want to say that I’ve helped others.   “more time, patience and a listening ear.”
The stuff you do, like giving to those who have been
                                                         57. In general, children said they relied largely
deprived of something, giving them some affection,
                                                         on support from each other and the organizations
things like that.” Boy in Morocco
                                                         they come into contact with. They had little support
51. In India, participants reflected that they felt       from statutory services and often, but not always,
proud to “always offer their services without any        met with rejection from the public and the police.
expectations to the weaker and desperate people,”
while children in Ethiopia felt that they contribute     C. ACCESS TO RIGHTS
to society by showing loyalty, serving others and
respecting their elders.                                 58. In Morocco, facilitators observed ‘when
                                                         the topic of rights was brought up the participants
52. Many children expressed pride in being able          either had little clue (noticed among the younger
to support themselves and their families through         participants) or felt uncomfortable discussing this
work on the street and had developed strong



                                                                                                               19
topic, refraining from participating, not wanting        family, neighbourhood and school. The street is a
to get involved and moving on the next topic of          central reference point for these children; it plays a
conversation (noticed among the older participants)’.    significant role in their everyday life and identity.
                                                         If we value our children, we must invest in them.
59. In India, in comparison, children
                                                         Every child counts. Children in street situations have
demonstrated that they clearly understood their
                                                         experienced great deprivation and rights violations.
rights – to survival, protection, development and
                                                         To support them in fulfilling their rights, investment in
participation - while in Uganda and Ethiopia the
                                                         strengthening children’s connections with family, the
‘right to love’ (to be loved and cared for, and
                                                         community and wider society is required.
belong to a family) was mentioned by several
participants.                                            64. An important first step to ensuring this
                                                         support is to ratify the Convention on the Rights of
60. When asked if they had ever reported any
                                                         the Child. States that have not yet done so should,
violations of their rights, one child in Uganda
                                                         as a matter of priority, ratify the Convention and
responded: “No, because before I came here I did
                                                         its optional protocols. They should also ratify
not know my rights”. In India, a child reflected that
                                                         ILO’s Convention No. 182 (1999) concerning the
‘their reports are not taken seriously because they
                                                         Prohibition and Immediate Action for the Elimination
are children and don’t understand anything’.
                                                         of the Worst Forms of Child Labour and Convention
61. In general, children’s understanding of and          No. 138 (1973) concerning Minimum Age for
access to rights seemed to depend on local socio-        Admission to Employment.
cultural context and the use of rights-based support
                                                         65. Furthermore, the High Commissioner for
by specialized interventions.
                                                         Human Rights recommends that States develop
                                                         comprehensive Child Protection Systems, comprising
VIII. Conclusions and                                    relevant laws, policies, regulations and services
                                                         across all social sectors, especially social welfare,
recommendations                                          education, health, security and justice, as an
                                                         overarching strategy to safeguard all children, and
62. It is not known how many children depend             which promotes a holistic, rights-based approach.
on the streets for their survival or development.
Numbers fluctuate according to socio-economic,            66.    In particular, States should:
political and cultural conditions, including             (a)    Ensure responsibilities are clearly delegated,
growing urbanization and inequalities, as well as        roles are clearly defined and obligations are
terminology and definitions used. What is known is        met, so that children’s rights can be respected
that diverse conditions and multiple rights violations   and fulfilled. When obligations are not met and
push children into developing connections with           violations occur, the State must be able to hold
the streets. Once there, children face a range of        accountable those responsible and guarantee
new challenges, including hostile perceptions of         children access to legal redress.
them as delinquents, and many forms of violence.
                                                         (b)    Ensure secondary duty bearers have the
Nevertheless, this is a time of opportunity: States
                                                         capacity to carry out their specific obligations.
are developing or strengthening comprehensive
                                                         This means developing capacity-building and/
child protection systems; civil society organizations
                                                         or training initiatives to strengthen the capacity of
are consolidating promising interventions; data
                                                         law enforcement officers, judges, social workers,
collection is more systematic; and research is
                                                         teachers, doctors and others responsible for
becoming more participatory.
                                                         protecting children’s rights.
63. A new paradigm is emerging that
                                                         (c)    Guarantee adequate budget allocations
emphasizes relationships or “connections,”
                                                         so that the CPS can safeguard children’s rights.
building on the idea of street “situations,” and
                                                         Budgetary information should be made public to
drawing attention to choices children make as
                                                         encourage research into costs and benefits, so
they develop relationships within the street, either
                                                         as to help States to invest wisely in safeguarding
alongside or instead of connections within the
                                                         children’s rights.



20
(d)    Take a coordinated approach across
all government departments, including those
with responsibilities for finance, trade,
employment, security, tourism, housing
and urban planning, so as to ensure
that government policies are coherent in
protecting children’s rights.
(e)    Foster a collaborative approach in
which the interests, inter-connections and
expertise of non-State actors – children
and families, civil society, academia, the
private sector, human rights institutions
and intergovernmental organizations –
are recognized and brought together
in partnerships that ensure children are
afforded effective protection.
67. As a minimum, States should
                                              © B. Irre




ensure that free, accessible, simple and
expeditious birth registration is available
to all children at all ages.
68. The High Commissioner recommends
specialized support for children in street situations.    (b)   Encourage and support
To this end, States should promote and support                  city-level partnership-based specialized
child-centred, tailor-made interventions for children           interventions, in which local civil society
whose connections to family, community and                      or community-led organizations (that are
wider society have been weakened and who                        small and flexible, with local expertise in
have developed their own street-based coping                    street connectedness) manage specialized
mechanisms. In line with a rights-based, holistic               interventions, coordinated by local authorities
approach, specialized interventions should help                 (with the capacity to guarantee access
children to reconnect with family, local community              to local services), supported by the State
services and wider society. This does not imply                 (through a national Child Protection System),
that the child should renounce his or her street                with the private sector (for capacity-building
connections, but rather, such intervention should               resources and organizational skills) and
guarantee that his or her rights are fulfilled.                  academia (for research capacity to enable
                                                                evidence-based decision-making).
69.    In particular, States should:
                                                          (c)   Guarantee operational budgets for
(a)    Introduce laws requiring the design and                  specialized interventions and funding for
       implementation of municipal policies, with               research to assess their cost-effectiveness. In
       adequate budgets, that are aimed at ensuring             cases where States are unable, in the short-
       positive law enforcement, coordinating                   term, to provide the necessary resources,
       referrals and providing support for specialized          the private sector and/or international
       interventions for children with street                   community might be approached to engage
       connections. These policies should be firmly              as partners, to ensure that specialized
       linked to the national Child Protection System           interventions, as delegated duty bearers,
       and be based on local multi-stakeholder                  have the means and capacity to fulfil the
       participation, including children themselves.            rights of children who have developed
                                                                connections to the street.




                                                                                                             21
staff in schools; medical
                                                                                            staff in health centres;
                                                                                            social workers in welfare
                                                                                             centres and specialized
                                                                                             interventions.
                                                                                                       (b) Introduce and
                                                                                                       enforce sanctions
                                                                                                        against all perpetrators
                                                                                                        of violence against
                                                                                                         children in the streets.
                                                                                                        (c) Ensure that child-
                                                                                                        sensitive counselling,
                                                                                                         complaint
                                                                                                         and reporting




                                                                                                 ILO
                                                                                    © M. Crozet/
                                                                                                          mechanisms are
                                                                                                          easily accessible
                                                                                                          to street-connected
                                                                                                          children.
                                                                   73.    As a minimum, States should
                                                         decriminalize survival behaviours such as begging,
                                                         loitering, vagrancy, running away and other acts,
(d)   Commit to fulfilling human rights beyond            and ensure that children with street-connections are
      childhood, if damaging effects of rights           not forcibly rounded-up or treated like criminals or
      violations are not fully addressed by the          delinquents for survival activities.
      age of 18, even though legal commitments
                                                         74. With regard to good practices, the High
      specific to children may end.
                                                         Commissioner recommends that States engage
70. As a minimum, States should address                  consultations on criteria for good practices with
stigmatization and discrimination of children in the     street-connected children, so as to be able to
streets, including through public sensitization to the   identify and implement good practices aimed at
experiences and rights of street-connected children.     improving support for fulfilling the rights of street-
71. In order to address violence, the High               connected children.
Commissioner recommends that States seek to              75. In particular, States should propose and
ensure the prevention and prohibition of all forms       lead, in partnership with the United Nations, civil
of violence against children in street situations, and   society and the private sector, national, sub-regional
in this regard, implement the recommendations of         and regional multi-stakeholder forums that include
international mechanisms, including the Secretary-       children, youth and local community representatives
General’s Study on Violence against Children, the        to discuss and agree criteria for good practices and
Special Representative of the Secretary-General on       to develop indicators and mechanisms to identify
violence against children and the Committee on the       and share good practices.
Rights of the Child.
                                                         76. The High Commissioner for Human
72.   In particular, States should:                      Rights recommends that States develop systemic
(a)   Ensure full training on non-violent                mechanisms to collect data and share information
      engagement and respect for the right of            about children in street situations. States should
      children in street situations to freedom from      aim to develop a comprehensive and coordinated
      violence for, inter alia, law enforcement          system of data collection about children, with
      officers; judges and all staff in the justice and   disaggregated data so as to be able to identify
      penal systems; teaching and administrative         discrimination and/or disparities in the realization




22
of rights, as recommended by the Committee on            disaggregate data wherever available, in order
the Rights of the Child. Such system should enable       to be able to identify and analyse information
the identification of children in street situations by    gathered about children in street situations.
circumstances, connections, characteristics and
                                                         79. In addition, the High Commissioner addresses
experiences, in order to design strategies, policies
                                                         the following recommendations to international human
and programmes, detect obstacles to and recognize
                                                         rights mechanisms, and in particular:
progress in their implementation, through gathering
evidence. This means collecting qualitative as well      (a)   Invites the Committee on the Rights of the
as quantitative data, and ensuring that children, as           Child to develop a general comment on
experts on their own lives, participate in information         “non-discrimination and children in street
gathering, analysis and dissemination of research.             situations,” so as to provide more detailed
                                                               guidance to States party to the Convention
77.   In particular, States should:
                                                               on using a holistic, rights-based approach to
(a)   Invest in national data collection and                   support children in street situations.
      information sharing about children with street
                                                         (b)   Encourages the universal periodic review
      connections, in partnership with civil society,
                                                               to take into consideration and address the
      the private sector and academia.
                                                               situation of children living and/or working on
(b)   Approach intergovernmental agencies to                   the street in the relevant documentation for
      propose the development of an international              the review, as well as during the interactive
      coordinating mechanism for knowledge                     dialogue and in recommendations, whenever
      sharing, as well as methodologies and tools              appropriate.
      to support States in collecting, analysing
                                                         (c)   Invites special procedure mandate holders
      and sharing data about children in street
                                                               to pay particular attention to the situation of
      situations.
                                                               street-connected children during their country
(c)   Encourage and support participatory                      visits.
      research with street-connected children and
      families to inform policy-making and design
      of specialized interventions.
78. As a minimum, States should
assess the coverage of children
in street situations within
general data collection
relevant to children’s
rights, address
the challenges as
necessary, and
                                                                                                                 © Eskinder Debebe/UN Photo




                                                                                                           23
Annex
Findings from
Consultations with Children
Children’s Voices Paper1:
“Nothing about us, without us”2

I
  n order to bring the voices of children into the                  already in regular contact with the NGOs, so that a
  study, the Office of the High Commissioner                         level of trust had already been developed between
  for Human Rights invited several NGOs3, all                       facilitators and the children. The consultation
members of the Consortium for Street Children4, to                  process included group discussion, role-play and
facilitate children’s participation and gather their                drawing, instead of more conventional surveys
views about their circumstances, experiences and                    or interviews. Consultation centred on three
aspirations. As mentioned in par. 49 of the report                  overarching themes: the child him or herself; their
to the Human Rights Council a total of 123 children                 access to support; and access to their rights.
in street situations – 29 girls and 94 boys, aged
between 5 and 18 – were consulted in Ecuador,
Ethiopia, India, Kenya, Morocco and Uganda.                         1. The Child as Individual
Their participation took place between October and
November 2011. This is a relatively small number                    This first section of the participatory methodology
and no claims are made to represent any other than                  aimed to explore the potential, agency, strength and
the children consulted. A participatory methodology                 positive contributions street connected children can
was designed to help facilitate information                         offer wider society, and the support they feel they
gathering5. The facilitating NGOs have long-                        need to realise their full potential. In this section the
standing expertise in supporting street-connected                   selected NGOs mainly relied on group discussions
children and strong child protection policies; they                 with the children, supplemented by drawings and
used an agreed participatory methodology to                         role play. In Ecuador the NGO used one to one
ensure the children’s meaningful participation.                     interviews. The participation around this theme
Participation was restricted to children who were                   centred on the following questions:



1
  Anne Louise Meincke, Advocacy Director, Consortium for Street     4
                                                                        The Consortium for Street Children (CSC) is the leading
  Children,                                                             international network dedicated to realising the rights of
  www.streetchildren.org.uk                                             street children. With over 60 members in over 130 countries,
2
  Quote by former UK girl in street situation in conjunction with       CSC is committed to creating a better future for some of the
  the International Day for Street Children, 12th April 2011            most disadvantaged children by working together to share
3
  Participating NGOs were: Action for Children in Conflict               knowledge, conduct research, influence policy and take action.
  (www.actionchildren.org), Kenya; CHETNA (www.chetna-india.            We are Louder Together. http://www.streetchildren.org.uk/
  org) and Hope for Children (www.hope-for-children.org), India;    5
                                                                        For further information about the participatory methodology
  Juconi (www.juconi.org.ec) Ecuador; Moroccan Children’s Trust         used see the Children’s Voices paper at OHCHR’s web page:
  (www.moroccanchildrenstrust.org), and Retrak (www.retrak.             http://www.ohchr.org/EN/Issues/Children/Study/Pages/
  org), Ethiopia and Uganda.                                            ExpertConsultation.aspx




24
•	 Who inspires you and why?                               When a 16 year old boy in Ecuador was asked if
                                                           he had someone who inspired him to move forward
•	 What about yourself are you most proud of, and
                                                           he answered “Not a single person. I am able to
   why?
                                                           move forward because of myself and my own
•	 What are your strengths? What needs to be in            actions and because God is always with me and he
   place for you to use these more?                        wishes the best for me”. When asked if he saw God
•	 How do you currently contribute to society (e.g.        as an inspiration he said “Yes, because he is the
   the work you do, helping others etc.)? What             only person who I trust, he is the only person who
   support do you need to contribute even more?            can tell me if I am doing things well or badly”.

•	 What are your hopes for the future? Who do
   you see supporting you to make those hopes a
   reality?

WHO INSPIRES YOU AND WHY?

In India facilitators noted that most children said they
were inspired by teachers, their parents and NGO
workers, because ‘they teach them, help them and
show them the right path in life’, and that the
children themselves wanted to ‘do something in
their community, but don’t have the sufficient
amount of scope to make their desires
complete’.
For older street boys In Uganda, celebrity
status and commercial success played
significant roles. Musicians were
inspirational because they ‘dress in funny
styles, make their hair with dreadlocks,
put on shades’, and ‘all musicians are
successful and are celebrities in their own
way’, whilst business people ‘have a lot
of money and live luxury lives’. Similarly,
street connected boys in Kenya said that
they were inspired by ‘politicians and
business people who are successful’.
                                                                                                                © Marcus Lyon




                                                                                                           25
Annex


A group of younger children in Uganda said that a      I managed to sell anything or not because I knew
teacher and cook at their residential NGO facility     I would have to go out the next day to sell again.
were considered inspirational because the teacher      But after a little while I learned a bit more about
‘spend most of his time with them and labours to       being on the street and I made some friends and
explain and guide one in every possible way on         they taught me how to sell and stuck with me on
questions asked in class’ and the cook because he      the street. To start with they asked me what were
‘gives adequate food to every child’.                  my dreams and why I was on the streets and I said
                                                       I didn’t want to be on the streets, I didn’t like it, I
WHAT ABOUT YOURSELF ARE YOU MOST PROUD                 wanted to be with my family and to be in school
OF, AND WHY?                                           but we needed help financially and I knew it wasn’t
                                                       supposed to be that way but if you don’t work,
Many of the children reflected that they were proud
                                                       things just aren’t going to fall out of the sky to feed
to help others. For example, in India children had
                                                       you. I continue to do it because I like it and not just
expressed pride in being able to ‘always offer their
                                                       because we need the money. It is something that I
services without any expectations to the weaker
                                                       learned to do (...) and I like it a lot and I don’t want
and desperate people’. In Uganda an older street
                                                       to give up doing it just for the sake of it”.
connected boy said that he was proud of himself
because “I have passion for others”, while a boy       Children in India also highlighted work as
in Morocco said “I would say that I help people, if    something they felt proud of: ‘being strong enough
someone needs something done or a favour I would       to do work, and not afraid of doing challenging
do it for them. Like to send me to buy something or    or hard work. They feel proud to earn a livelihood
to take care of my brother I never say no”.            for their family’. Both boys and girls in Morocco
                                                       agreed that work within the household could be a
Many children expressed pride in being able
                                                       source of pride. One boy said: “It’s not just working
to support themselves and their families through
                                                       outside, it’s also taking care of siblings. Like in my
work on the street, and have developed strong
                                                       family we are seven, we’re like a football team!
connections to their work. A boy in Ecuador
                                                       And I’m the oldest so I have to look after my sisters
reflected: “I started working when I was 5 years
                                                       especially”.
old and it was really difficult. I didn’t know how
to sell anything but I had to stay positive whether




                                                                      Box 1: Drawing – ‘Street’ 1 (Uganda)
                                                                      Children in Uganda were
                                                                      encouraged, as part of their group
                                                                      discussions, to draw pictures of key
                                                                      issues affecting them. One boy drew
                                                                      the picture below and added “I was
                                                                      smoking on the street and influenced
                                                                      by my friends”.




26
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children
Protection and promotion of the rights of street children

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Protection and promotion of the rights of street children

  • 1. © Sophia Paris/UN Photo Protection and promotion of the rights of children working and/or living on the street
  • 2.
  • 3. Protection and promotion of the rights of children working and/or living on the street
  • 4. Protection and promotion of rotection the rights of children working and/or living on the street ILO rozet/ © M. C Summary T he present report conditions, including growing The report makes a number research more participatory. analyses the inequalities and patterns of recommendations to States As requested by the Human circumstances of children of urbanisation. The report and draws attention to this Rights Council, children working and/or living on analyses the causes that lead moment of opportunity when working and/or living on the the streets. It concludes children to the street and the States are developing or street have been consulted that the actual number of challenges they face in their strengthening comprehensive in the preparation of the children who depend on the everyday lives. It recognises child protection systems; present report. Investing in streets for their survival and that before reaching the civil society organizations children in street situations is development is not known streets, children will have are consolidating promising essential to building a society and that the number fluctuates experienced multiple specialized interventions; that respects human dignity, according to socio-economic, deprivations and violations of data collection is becoming because every child counts. political and4 cultural their rights. more systematic and
  • 5. CONTENTS Paragraphs Page Preface 6 I. Introduction 1–2 8 II. International legal standards 3–7 8 III. Children and their connections to the street 8–28 9 A. Terminology and figures 8–13 9 B. Characteristics and experiences 14–15 10 C. Causes leading children to the street 16–19 11 D. Challenges facing children in street situations 20–24 12 E. Violence against children in street situations 25–28 13 IV. Roles and responsibilities 29–36 14 V. Criteria for good practices 37–40 15 VI. Data collection 41–48 17 VII. Children’s voices 49–61 19 A. The child as an individual 50–53 19 B. Access to support 54–57 19 C. Access to rights 58–61 19 VIII. Conclusions and recommendations 62–79 20 Annex 24 NOTE The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. This report, prepared by the Office of the High Commissioner for Human Rights, has been produced through a unique cross-sector partnership with the Consortium for Street Children, Aviva and UNICEF. i/ILO /ILO ianott eloche © E. G ©PD he/ILO eloc 5 © P. D
  • 7. H uman Rights Council Resolution 16/12 on with almost universal ratification, makes no special the protection and promotion of the rights of reference to children working and/or living on the children working and/or living on the street street, all its provisions are applicable to them. attracted more co-sponsors than almost any other Children living and/or working in the streets resolution since the creation of the Human Rights cannot be considered as a social problem but, Council in 2006. Such high support testifies to instead, as human beings with full potential to States’ recognition of the importance of advancing contribute to society and as positive agents for an issue which had not been a direct focus of change. They must be able to participate in matters UN attention since the early 1990’s when it was affecting them and be empowered to speak up for discussed on several occasions at the General the fulfillment of their rights. Effective strategies to Assembly and the then Human Rights Commission. protect children with street connections must ensure This report, prepared by the Office of the High their participation in the design, development and Commissioner for Human Rights (OHCHR) through a evaluation of programmes to support them. This is unique cross-sector partnership with the Consortium a moment of opportunity, as States are developing for Street Children, Aviva and the United Nations and/or strengthening comprehensive child Children’s Fund (UNICEF), concludes that the number protection systems; civil society organizations are of children in street situations fluctuates according consolidating promising specialized interventions; to socio-economic, political and cultural conditions, data collection is becoming more systematic; and including growing inequalities and patterns of research studies adopt an increasingly participatory urbanization. It recognizes that before reaching the approach. street, children have experienced multiple deprivations and violations of their rights, which leads to them We hope that this report will serve as a platform for developing strong connections to the street. future work at national, regional and local levels, as investing in children who are in street situations is A rights-based approach starts from the premise an essential ingredient to building a society which that all children are “rights holders”. All children, respects human dignity and human rights. irrespective of their economic status, race, colour, sex, language, religion, national, ethnic or social origin, property, disability, birth or any other status Office of the High Commissioner for Human Rights have the same rights and are entitled to the same United Nations Children’s Fund protection by the State. While the Convention on Consortium for Street Children the Rights of the Child, an international instrument Aviva 7
  • 8. AFP PHOTO Doychinov/ © Nikolay I. Introduction to gather input from different stakeholders. Two documents were commissioned by OHCHR 1. This report is submitted to the Human Rights for this process: a global research paper by Council pursuant to resolution 16/12 of 24 March independent consultant, Dr. Sarah Thomas de 2011, in which it invited the Office of the High Benitez; and a paper on the views of children Commissioner for Human Rights (OHCHR) to led by the Consortium for Street Children. Both conduct a study on challenges, lessons learned and documents, as well as the results of the consultation, best practices in a holistic, child rights and gender- written submissions, input from States and other based approach to protect and promote the rights stakeholders informed the preparation of this of children working and/or living on the street and report. All these documents and information to present it to the Council at its nineteenth session. about the process are available at http://www. It also requested OHCHR to conduct the study in ohchr.org/EN/Issues/Children/Study/Pages/ close collaboration with relevant stakeholders, childrenonthestreet.aspx. including States, the United Nations Children’s Fund (UNICEF) and other United Nations bodies and agencies, the Special Representative of the II. International legal Secretary-General on violence against children, the Special Representative of the Secretary-General for standards children and armed conflict, the Special Rapporteur 3. The international legal framework on the sale of children, child prostitution and child establishing the obligations of States in relation pornography and other relevant special procedures to children has never been as comprehensive as mandate holders, regional organizations, civil it is today. The 1989 Convention on the Rights society, national human rights institutions as well as of the Child constitutes the main international children themselves. instrument for the promotion and protection of the 2. Contributions were received from States, rights of the child, and it applies to all children in intergovernmental organizations, national human all circumstances. Its almost universal ratification rights institutions, non-governmental organizations demonstrates the importance that States accord (NGOs), academia and individual experts. On 1 to the protection and promotion of the rights and 2 November 2011, OHCHR, with the support of children. The Convention is unique as the of Aviva,1 the Consortium for Street Children first legally binding instrument to take a holistic and UNICEF, organized an expert consultation approach to the rights of the child. It covers a on children working and/or living on the street, whole range of rights – civil, political, economic, social and cultural; establishes a framework of 1 Aviva is the world’s sixth largest insurance group and the largest in the United Kingdom (www.aviva.com). 8
  • 9. duties for different actors; marks a milestone in 7. Another essential instrument that protects recognizing all children as rights holders and the rights of children in street situations, given reaffirms the general principles of best interests of their risk of being trafficked, is the Protocol to the child, non-discrimination, participation, survival Prevent, Suppress and Punish Trafficking in Persons, and development as the framework for all actions especially Women and Children. There are also concerning children. several non-binding instruments which set standards on juvenile justice, such as the United Nations 4. All children, irrespective of their economic Standard Minimum Rules for the Administration status, race, colour, sex, language, religion, of Juvenile Justice (The Beijing Rules), the United national, ethnic or social origin, property, disability, Nations Guidelines for the Prevention of Juvenile birth or any other status have the same rights and Delinquency (The Riyadh Guidelines) and the United are entitled to the same protection by the State. Nations Rules for the Protection of Juveniles Deprived While the Convention makes no particular reference of their Liberty (Havana Rules). The recently adopted to children working and/or living on the street, all Guidelines for the Alternative Care of Children its provisions are applicable to them. are intended to enhance the implementation of the 5. The Committee on the Rights of the Child, Convention on the Rights of the Child and other the body of experts in charge of monitoring the international instruments regarding the protection implementation of the Convention, regularly and well-being of children deprived of parental care. raises the issue of children in street situations in its They provide guidance on policies and practices for dialogue with State parties, and refers specifically the alternative care of children. 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. III. Children and their 12 (2009) on the right of the child to be heard and No. 10 (2007) on children’s rights in juvenile connections to the street justice. Other treaty bodies have also referred to the situation of children, both boys and girls, A. TERMINOLOGY AND FIGURES living and working in the street, and have made recommendations in this regard. 8. The term “street child,” used by the Commission on Human Rights in 1994, was 6. In addition to the Convention, its Optional developed in the 1980s to describe “any girl or Protocols on the sale of children, child prostitution boy [...] for whom the street (in the broadest sense and child pornography and on the involvement of the word, including unoccupied dwellings, of children in armed conflict and the recently wasteland, etc.) has become his or her habitual adopted Optional Protocol on a communications abode and/or source of livelihood, and who is procedure, it must be noted that all core human inadequately protected, supervised or directed by rights treaties apply to both adults and children; responsible adults.” At that time, “street children” indeed, some contain specific provisions relating were categorized as either children on the street, to children, such as article 7 of the Convention who worked on the street and went home to their on the Rights of Persons with Disabilities. Other families at night; children of the street, who lived on international instruments also are key to the the street, were functionally without family support protection of children working and/or living on but maintained family links; or abandoned children the street, particularly those dealing with child who lived completely on their own. labour, trafficking, juvenile justice and alternative care for children. These include the Minimum Age 9. Research in the 1990s found these Convention No. 138 (1973) and Worst Forms categories did not accurately reflect the children’s of Child Labour Convention No. 182 (1999) of circumstances or experiences. It was also generally the International Labour Office, which distinguish agreed that the term “street child” carried between acceptable work carried out by children negative connotations. Although the term can be and economic exploitation, or child labour, of used pejoratively, some street children and their which total abolition should be achieved. representative organizations use it with pride. 9
  • 10. Today, “street children” is understood as a socially The frequently cited global estimate of more than constructed category that, in practice, does not 100 million street children has been questioned. constitute a homogeneous population, making the Research undertaken for this report concludes term difficult to use for research, policymaking and that global estimates of the number of children in intervention design. street situations have no basis in fact, and we are no closer today to knowing how many children 10. Terminology has continued to evolve to worldwide are working and/or living in the streets. recognize children as social actors whose lives There is general agreement that estimates in the are not circumscribed by the street. Human Rights 1980s were exaggerated, but a rapidly urbanizing Council resolution 16/12 refers to children working and growing global population, together with and/or living on the street, and the Committee increasing inequalities and migration, suggest that on the Rights of the Child has adopted the term numbers are generally increasing, including in “children in street situations,” recognizing that richer regions. The number and flow of children children engage in numerous activities on the street onto the streets of a given city or country may and that if there is a “problem” it is not the child, fluctuate significantly according to changes in socio- but rather the situations in which s/he finds her/ economic and cultural-political contexts, availability himself. of protection services and patterns of urbanization. 11. As recognized during the expert 13. A number of country-wide analyses consultation, new terminology is emerging which in countries as diverse as Romania, Mexico, emphasizes relationships and “street connections,” Zimbabwe, Egypt, Georgia and Turkey, as well as drawing attention to choices children make in contributions to this study from States, demonstrate developing relationships on the street, alongside the complexity of making reliable estimates of other connections they have with their families, children in the streets. What is known is that neighbourhoods and schools. Most children children with street connections form a relatively have some connections with the street (for play, small proportion of the global population of socialization, leisure and consumption) but are children, and international concern should be less not reliant on public spaces for their development; about numbers and more about the persistence of they have stronger connections with family, school appalling conditions that force children to choose to and peers in the community. Taking a holistic move onto urban streets. approach that understands children as growing and developing within a series of inter-connected B. CHARACTERISTICS AND EXPERIENCES environments, the term “street connections” recognizes that the street may be a crucial point of 14. Street children have typically been reference for some children, even when they are represented as male, aged around 13 or 14, not physically present there. Street connections can engaged in substance abuse, early sexual activity, become vital to children’s everyday survival, their delinquency, and either orphaned or abandoned. selection of coping strategies, and their identity These stereotypes reflect public attitudes towards development. A street-connected child is understood street children more than the reality of individual as a child for whom the street is a central reference children’s lives. Such representations are point – one which plays a significant role in his/her problematic because they fail to capture diverse everyday life and identity. realities of children’s lives. Children seen as 12. This report acknowledges there are a number “victims” are more likely to be treated as passive of terms and definitions in use, including “children objects of welfare rather than as rights holders, working and/or living on the street,” “children while children seen as “delinquents” are more likely in street situations” and “children with street to be subjected to violence and to end up in the connections,” each having the potential to offer penal system. distinctive insights and to encourage new avenues 15. In reality, the characteristics of children on of research. At the same time, contested definitions the streets are very diverse. While in many cities, and evolving terminology have made it difficult to children in street situations are predominantly male, estimate the number of children in street situations. in some places, girls outnumber boys (a 2005 10
  • 11. study in Mali and Ghana found that in Bamako, 17. Overwhelmed families often struggle to the large majority of children counted were boys, cope in overcrowded, inadequate housing, with while in Accra, three out of four were girls). increased health risks and poor access to basic Similarly, some children are born on the streets but services, sometimes migrating or moving between others move onto the streets only in adolescence. poor neighbourhoods. Unstable, often violent Discrimination around ethnicity also shapes risks circumstances can weaken children’s family faced by and opportunities open to children. In connections as well as their access to adequate some Latin American countries, for example, a schooling, educational performance, friendships disproportionate number of indigenous children and other relationships, weakening are in street situations. Experiences of street their connections to school and work, sexual activity and substance use are community. similarly diverse, reflecting government 18. Other pathways to policies, local cultures, formal and illegal the street include HIV/AIDS, market realities, social transformations harmful practices such as and inequalities, as well as children’s early and forced marriages, characteristics and experiences. natural disasters, war and internal displacement. C. CAUSES LEADING CHILDREN TO THE These, alongside experiences STREET of violence, abuse and 16. Traditionally, economic poverty neglect at home, can and family breakdown or abandonment of be understood within children were held in combination to be a framework of the main causes of street children. significant However, conventional wisdom income has been challenged in both respects. First, while poverty can be an important pathway to the street, the great majority of children who live in economic poverty do not end up in the streets. Second, while many families of children in street situations have been identified as fragile, violent or unstable, orphaned or abandoned children are more unusual. Most families of street-connected children have experienced persistent discrimination, poverty and social exclusion within societies where inequalities are high and/ or growing. Few have received economic support, child-care assistance, help to ensure that absent parents assume responsibilities towards their children, access to mental health or drug rehabilitation services. © J. Maillard/ILO 11
  • 12. inequalities, a poor socio-cultural context and away by local businesses or detained by police inadequate social protection that together deprive for processing in the penal system (repressive children of many of their rights. approach). 19. These are often called “push” factors, that 22. Both the welfare and repressive approaches is, causes that encourage or force children onto the fail to take into account the child as a rights holder street. There are also “pull” factors that can help or put the best interests of the child first. From a make the street attractive to a child – although these rights-based perspective, the greatest challenge play a much smaller role in leading children into faced by a child in a street situation is being street situations. Pull factors include spatial freedom, recognized and treated as a rights holder. financial independence, adventure, city glamour 23. A related challenge in the street is managing and street-based friendships or gangs. These can relationships – whether abusive, exploitative and/ develop over time into strong street connections or supportive – with family and friends, government that, combined with social stigma and prejudices, officials, including the police, NGO workers, make it difficult for children to find desirable options the local business community, employers, gang off the street. Each child has a unique story of push leaders and members, and the public. Children’s and pull factors that led him or her, sometimes relationships can help them survive on the streets repeatedly and in different ways, to develop street and/or perpetuate conditions of violent abuse of connections. their rights. The nature and intensity of on-street relationships are mediated in part by the socio- D. CHALLENGES FACING CHILDREN IN STREET cultural context, and in part by characteristics such SITUATIONS as gender and age (for example, younger children 20. The most complex challenge faced by and girls may need to adopt submissive roles in children in the streets is dealing with the perceptions gangs to obtain some degree of protection). of those around them and the treatment they are 24. Other, more specific challenges present consequently afforded. It should be borne in mind in wider society can be exacerbated in street that the majority of these children have already situations, particularly those related to access to experienced multiple violations of their rights before basic services, and physical and mental health spending time on the streets, whether at home or in issues. Challenges can include disproportionately care, including in institutions such as orphanages, high rates of substance abuse, HIV/AIDS, sexually detention centres, rehabilitation centres and juvenile transmitted infections, pregnancy, random violence, justice institutions. suicidal thoughts, exposure to pollution and traffic 21. A rights-based approach starts from the accidents. Children in the streets – particularly premise that all children are “rights holders.” In those who spend time living there – are also reality, children in street situations are deprived of likely to lose access to basic services to which all many of their rights – both before and during their children are entitled, either because they lack the time on the streets – and while on the street, they identity documents deemed necessary for health are more likely to be seen as victims or delinquents care, schooling, etc., or because establishments than as rights holders. Whether a child is viewed as or individual officers discriminate against them. a victim or a delinquent depends on who is viewing According to a 2011 UNICEF report on HIV among and the social attitudes towards the children’s adolescents in Ukraine, children working and/or characteristics (age, gender, ethnicity, religion, etc) living on the streets in Ukraine were found to be and the activities in which he or she is engaged disproportionately vulnerable to HIV due to several (selling flowers versus sniffing glue). A child seen behavioural factors: 22 per cent had experience as “victim” might be subjected to further abuse injecting drugs; 65 per cent of girls provided or exploitation or might be “rescued” from the commercial sex services or “sex for reward”; 7 per street (welfare approach) and perhaps placed in a cent of boys reported having had sex with men; children’s shelter. A child viewed as “delinquent” and only 13 per cent always used condoms with might be targeted to join a criminal group, driven casual sexual partners. 12
  • 13. E. VIOLENCE AGAINST CHILDREN IN STREET observations on Cambodia (CRC/C/KHM/ SITUATIONS CO/2), the Committee on the Rights of the Child expressed concern about the “cleaning up the 25. All children have the right to freedom from all streets” operations conducted by police, such as forms of violence, as recognized by the Convention one in early 2008, during which many children in on the Rights of the Child and GC-13 on art 19 of street situations were sent to rehabilitation centres, the Convention. According to the Committee on the illegally confined and subjected to a variety of Rights of the Child, children in street situations are abuses which, in some cases, resulted in death, at high risk of suffering violence, particularly torture including by suicide. and inhuman or degrading treatment or punishment. Indeed, a pervasive thread running through the 27. During the preparation of this report, the challenges faced by street-connected children is issue of violence against children by the police was their persistent exposure to and direct experiences repeatedly raised. It should be noted, that many of violence, whether physical, sexual and/or children reported having received friendly advice and psychological in nature. Life stories of children with support from some police officers. However, abuses street connections are infused with violence, often by the police are rarely investigated and impunity is from an early age. commonplace. Without appropriate, child-sensitive counselling, complaint and reporting mechanisms to 26. One result is that children moving onto the which street-connected children can report incidents of street can evidence anything from psychological violence, police impunity is likely to continue. distress to profound trauma. While the streets can offer respite from domestic or community- 28. Such extensive exposure to violence underlies based violence, they expose children to other children’s other challenges in the street and carries settings for and forms of violence, including daily serious consequences for long-term health and psychological violence through stigmatization and personal development through adolescence into intimidation of street children; random physical adulthood. Children’s ability to trust and form and/or sexual violence by other street inhabitants attachments may be severely damaged, with or members of the public; expressions of violence potential effects for their development of future within street gangs; by organizers of forced sex- relationships. The costs to the children, their family selling or vagrancy; by local businesses; through and friends and society as a whole are heavy. forcible police round-ups; premeditated rapes Understanding the effects of violence is critical to and extrajudicial killings. In its recent concluding protecting children. © Kibae Park/UN photo 13
  • 14. IV. Roles and responsibilities 32. Comprehensive child protection systems (CPS) are being developed and strengthened in 29. Under international human rights law, States, many countries in response to these needs as an as the principal duty bearers, are accountable for organizational form consistent with a rights-based, respecting, protecting and fulfilling children’s rights holistic approach, capable of delineating roles within their territories. While States play the role of and responsibilities, with integrated mechanisms the principal duty bearer for all children – including for reporting by children and other data collection, street-connected children – other non-State entities, quality standards, research and analysis, for professionals and individuals are also recognized accountability. However, a systems approach is by the Convention on the Rights of the Child as conceptually a relative newcomer to social work duty bearers in the fulfilment of children’s rights. and child protection, so child protection systems They include parents and families, teachers, doctors are still a work in progress, and as yet there is no and social workers, employers and/or probation precise, commonly agreed, definition or description officers. States have the obligation, as principal of such a system. UNICEF proposed the following duty bearers, to ensure that the secondary duty working definition: “Child protection systems bearers have the knowledge and means to carry out comprise the set of laws, policies, regulations their specific obligations. and services needed across all social sectors – especially social welfare, education, health, security 30. Protecting children and preventing and justice – to support prevention and response to experiences of multiple deprivations implies taking protection related risks”2 – a far-reaching definition a holistic approach that understands children’s which includes laws and policies as well as services relationships as interdependent and interconnected, across all sectors relevant to children. Save the and therefore recognizes that rights can be Children has identified 11 key components for a violated – but also defended – by a range of duty successful national CPS, namely, a legal framework, bearers within the family, the community and wider a national strategy, a coordinating agency, local society, including the international community. protection services, child-friendly justice, child Defending children from violence and other rights participation, a supportive public, a trained violations that push children into developing workforce, adequate resources, standards and connections with the streets requires a coordinated monitoring mechanism and data collection systems.3 and comprehensive approach across government departments (from finance, through trade, 33. A fully functioning CPS is likely to greatly employment, social sectors – such as recreation and improve protection for all children, including sports, health, education and social well-being) and those at the highest risk of moving into street with the involvement of duty bearers at the family situations. A priority area for protecting children and community levels. from the multiple deprivations that push children into developing street connections is the provision 31. Such an approach can only work if an of support for families and other carers at the overarching system to protect children is put in community level to ensure children are safe and can place – a system in which duty bearers understand access their rights. Examples of such support might and assume their roles and responsibilities include universal child benefits through payments to and can be held accountable for protecting the main carer; tax relief and economic support for children’s rights. Clear delineations of the roles single heads of household, incentives for fathers to and responsibilities of each duty bearer must be support their children and play positive parenting explicitly agreed in codes of conduct, memoranda, roles, early detection of domestic violence and local protocols or manuals to avoid children falling into protection schemes, provision of pre-school and gaps between services, and inefficient, potentially after-school child care in the local community. harmful, duplication when the limits of roles and responsibilities are not clear. Accountability is necessary to ensure that when children’s rights are 2 See E/ICEF/2008/5/Rev.1, para. 12. violated, the corresponding duty bearers can be 3 See Save the Children, “Keys to successful national child identified and held accountable. protection systems,” May 2011. 14
  • 15. © K. Lease 34. It is clear from experience that developing ground, whose size allow flexibility and whose a government-led, multi-stakeholder, national expertise is in local street connections. These CPS, using existing legislation and social values, interventions should be firmly linked to a national which is rights-based in practice and capable of CPS to be able to coordinate children’s access protecting children from multiple deprivations takes to the range of basic services. When States are time, financial resources, as well as significant unable, in the short-term, to provide necessary consultation and commitment. Evidence suggests resources and support, the private sector, academia that emerging child protection systems should focus and the international community might be engaged on core areas of child protection, social well-being, as partners to ensure that specialized interventions justice and security. Early introduction of data by delegated duty bearers have the means and collection systems and research mechanisms have capacity to fulfil the rights of children who have been found useful – for example in West Africa – developed strong connections to the street. for periodic mapping and analysis of progress to address problems and recognize early successes. 35. Specialized interventions offer children V. Criteria for good who develop street connections the personalized practices support they need to access their rights. In line with a rights-based, holistic approach, these specialized 37. There are many examples in all regions of interventions should take a child-centred approach; initiatives developed by States and non-State entities accompany each child over time to build a that seek to address rights violations experienced by relationship, consider effects of multiple deprivations children in street situations. These include: and understand his or her street connections; ensure • Local policies: designed in close consultation he or she can have full access to basic services; offer with civil society, academia and community and/or refer the child to specialized services (psycho- groups, for example in the city of Rio de Janeiro, social counselling, support for drug abuse, trauma Brazil, around railway stations in India and therapies, empowerment through sports, complaint as part of Canada’s Homelessness Partnering and reporting mechanisms, support services) that can Strategy to make a range of services available help the child to (re)connect positively with family to young persons with street connections; and local community services. Such interventions do not necessarily imply that a child should renounce his • Training for law-enforcement officers on child rights or her street connections, but rather than his or her and child protection: initiated by some States, for access to rights should be fully guaranteed. example in 2008-2009, the Consortium for Street Children partnered with Ethiopia’s Police University 36. Evidence suggests that specialized College and UNICEF to train police trainers, who interventions that are tailor-made and personalized have since, in turn, trained 36,000 police officers are better managed by small groups close to the throughout the country; 15
  • 16. • Outreach support on the street by social street government, parliament and the judiciary, as workers trained in child-centred approaches: stated in the Committee’s general comment increasingly used as a participatory approach No. 5 (2003) on general measures of to building relationships with children over implementation of the Convention. time in their own spaces in cities as diverse as (b) Non-discrimination: children in street Kinshasa, Mexico City, New Delhi and Brussels; situations have the right to be treated as all • Support for families: the focus of organizations other children. Equality does not mean that in a number of countries, for example, Safe rights have to be delivered in the same way; Families Safe Children Coalition is a group of the best interests of each child determine organizations working together across the globe how that child’s rights can best be achieved. to strengthen family relationships to create home Explicit discrimination includes vagrancy environments where street-connected children laws and policies allowing street children can gain sustainable access to their rights. to be detained for survival behaviours; implicit discrimination includes requiring 38. The above examples illustrate the broad birth certificates to access health care or agreement that identifying and sharing good education. practices contribute to safeguarding children’s rights. There has, however, been little research (c) Participation is a right and a practical into what “good practice” means in relation to imperative. The opinion of street-connected children with street connections. And there is no children should inform policies, plans and agreement about what constitutes good practice interventions designed to address them. in arenas as diverse as procedures for reporting Street-connected children may have difficulty violations of children’s rights; public-private-NGO forming positive relationships with adults, partnerships; child protection systems; street-based therefore care, consistency and respect, services; support for families; research; capacity- built over time, are important to ensure their building, knowledge sharing and organizational meaningful participation. development; advocacy; policies and strategies; (d) Accountability on the part of courts budgets and financing mechanisms; legislation; and tribunals, which should respect street- international cooperation for street-connected connected children by listening to them children. Criteria for good practice need to reach and taking due account of their views across all levels of practice that concern children and experiences; offering child-friendly with street connections. justice; having staff trained in child-friendly 39. For this study, 10 criteria were developed as procedures and child rights; using language a basis for discussion. Five are cross-cutting criteria that can be understood by street-connected which coincide with three general principles of the children; and enforcing judgments. Children Convention on the Rights of the Child and should who are victims of violations are entitled to always be evident in good practices; five are reparation, restitution, compensation and normative criteria reflecting experiences of children guarantees of non-repetition. Mechanisms with street connections, which may or may not be for accountability should ensure States and relevant in all practices, namely, safety, availability, other actors comply with their obligations accessibility, quality and flexibility.4 to children, for example through monitoring and evaluating practices; receiving and 40. The cross-cutting criteria which should form responding to complaints; providing remedies the basis of good practices are as follows: or redress for human rights violations. (a) Best interests of children in street situations must be a primary concern in all actions that concern them – by parents, carers, 4 For details of the normative criteria and examples of the lawmakers, policymakers, welfare institutions cross-cutting criteria, please refer to the Global Research Paper and those who influence or control resource presented to the Expert Consultation on 1-2 November 2011, available at http://www.ohchr.org/EN/Issues/Children/ allocation, including decisions throughout Study/Pages/ExpertConsultation.aspx. 16
  • 17. (e) Sustainability means ensuring continuity 42. Despite the lack of agreement on definitions, of support to defend children’s enjoyment a number of States have conducted well-designed, of their rights. Sustainability of individual national or city-wide studies by clarifying the improvements means providing children definitions they are using. Thus, definitional with appropriate support so they can enjoy difficulties are not an insuperable barrier for data their rights into youth and adulthood. This collection. Recent advances in terminology, such requires appropriate legal, financial and “children in street situations,” used by the Committee policy support. Sustainability implies finding and current work around “street connections,” cost-effective investments rather than limiting suggest new avenues for reaching international action to assumptions of “means available.” agreement on definitions and terminology consistent with a rights-based, holistic approach. VI. Data collection 43. Some key methodological difficulties have been addressed by various innovative means, for 41. As reflected in the submissions by example, counting and describing populations of governments, few States collect or regularly update children in the streets, the capture-recapture method information about children in street situations – the used with respondent-driven sampling and to gather main reasons cited being contested definitions; qualitative information about their circumstances methodological difficulties due to the children’s and experiences, and the rapid assessment method elusiveness and mobility; lack of investment in developed by UNICEF and ILO. Meanwhile, NGOs research; and lack of policy leadership. However, working with children in street situations have recent advances, made in all four areas, encourage conducted innovative data collection at city-level, more systematic and appropriate data collection. including repeat studies at regular intervals for © Marco Dormin/UN photo 17
  • 18. trends and head counts by teams of social workers to children’s experiences and a systemic approach using triangulation and peer review. to interventions and policy-making. In this respect, the Committee recommends that States develop a 44. One main challenge for States has been comprehensive and coordinated system of data investing in research with children. This has collection, comprising disaggregated data so as to been tackled in the closely related field of child be able to identify discrimination and/or disparities labour, through inter-agency collaboration, for in the realization of rights. Without appropriate example, the Understanding Children’s Work data collection, it is difficult to detect obstacles to research programme of ILO, UNICEF and the implementation or recognize progress achieved World Bank – suggesting that a similar route could in programmes or interventions in terms of rights- be developed with children in street situations. based outcomes for children. Children, as experts Child labour data collection is supported by ILO’s on their own lives, should be enabled to participate Statistical Information and Monitoring Programme in data collection, as well as in the analysis and on Child Labour (SIMPOC), launched in 1998 with dissemination of research. contributions from donor countries to provide a solid information base for appropriate 47. Data collected research should distinguish methodologies children who have on child labour. street connections SIMPOC assists within wider groups countries with of surveyed children; data collection, be disaggregated by provides sex, age and ethnicity guidance on how among salient Photo to process and characteristics; and assi/UN analyse data, identify the type of offers a variety street connections © Logan Ab of statistical tools, (independence, micro datasets drug use, survival, and survey reports gang membership, available online, forced labour) as well as and also produces other factors relevant to local contexts experienced global and regional estimates of child labour by children. Research must be understood as regularly. encompassing all environments that affect street- connected children, including family and home, 45. A second difficulty has been the lack neighbourhood, support interventions, institutions that of policy leadership to implement systematic, persecute children with street connections, policies disaggregated data collection and information and systems that affect, include and/or target street- systems around children in street situations. There is connected children, national legislation and budgets also increasing interest in finding cost-effective ways designed to guarantee and enforce children’s to prevent violations of children’s rights and restore rights, as well as global institutions and interactions rights to children – an interest to which civil society between countries. and the private sector are beginning to respond with evidence-based studies. 48. Robust data collection is vital for identifying and assessing good practices. At the same time, 46. Data collection, analysis and development criteria for good practice should be evident of indicators are all essential to implementing and throughout data collection. For example, in the assessing the rights enshrined in the Convention best interests of the child, data about violations of with respect to children in street situations. children’s rights should be systematically collected An appropriate framework for data collection and analysed, using a holistic approach and child- concerning street-connected children should, then, centred research methods, while findings should be reflect a rights-based approach, a holistic approach used to fulfil street-connected children’s rights. 18
  • 19. VII. Children’s voices connections to this work. In Ecuador, one boy reflected, “I started working when I was 5 years 49. In resolution 16/12, the Council requested old and it was really difficult (...) I didn’t want to that the study be conducted in collaboration with be on the streets, I didn’t like it, I wanted to be with children themselves. In order to bring children’s my family and to be in school, but we needed help diverse and distinctive views into the process, a financially and I knew it wasn’t supposed to be that number of NGOs, members of the Consortium for way but if you don’t work, things just aren’t going Street Children that runs specialized interventions to fall out of the sky to feed you (...) I continue to do with children connected to the street, were invited it because I like it and not just because we need the to facilitate children’s participation and gather money. It is something that I learned to do (...) and I their views about their circumstances, experiences don’t want to give up doing it just for the sake of it.” and aspirations. A total of 123 children in street 53. In general, children self-identified as strong, situations – 29 girls and 94 boys, aged between positive and engaged, able and willing to make 5 and 18 – were consulted in Ecuador, India, positive contributions within wider society. They Uganda, Ethiopia, Kenya and Morocco. This is a showed pride in helping others, being good citizens relatively small number and no claims are made and supporting themselves and their families. to represent any other than the children consulted. The facilitating NGOs have long-standing expertise B. ACCESS TO SUPPORT in supporting street-connected children and strong child protection policies; they used an agreed 54. In Ethiopia, another boy said, “the public participatory methodology to ensure the children’s does not like to see us. They inform the police to meaningful participation. Participation was restricted take us away”, and in Ecuador, one older street- to children who were already in regular contact with connected youth noted, “sometimes I felt rejected the NGOs, so that a level of trust had already been by other people, they didn’t want to be close to me developed between facilitators and the children. because they thought I would hurt them because The consultation process included group discussion, they think that all people that work on the street role-play and drawing, instead of more conventional steal, murder and smoke drugs.” surveys or interviews. Consultation centred on three 55. Trust is a major issue. One street girl in overarching themes: the child him or herself; their Morocco reflected, “I don’t tell anyone. For me, I access to support; and access to their rights. get used to it, whatever troubles me. There is no one I can really trust so it just stays inside me, even if it A. THE CHILD AS AN INDIVIDUAL gets worse that way.” 50. “It’s like this: You have to sacrifice things you 56. When asked what would help, children want for your future, like study maybe, for the future in Uganda said they wanted someone “who will of your family. But if you ask me, I want to help always identify with them, approve of them, and is others. If I am to be asked, what have you done able to help and guide them.” They also wished for with your life, I want to say that I’ve helped others. “more time, patience and a listening ear.” The stuff you do, like giving to those who have been 57. In general, children said they relied largely deprived of something, giving them some affection, on support from each other and the organizations things like that.” Boy in Morocco they come into contact with. They had little support 51. In India, participants reflected that they felt from statutory services and often, but not always, proud to “always offer their services without any met with rejection from the public and the police. expectations to the weaker and desperate people,” while children in Ethiopia felt that they contribute C. ACCESS TO RIGHTS to society by showing loyalty, serving others and respecting their elders. 58. In Morocco, facilitators observed ‘when the topic of rights was brought up the participants 52. Many children expressed pride in being able either had little clue (noticed among the younger to support themselves and their families through participants) or felt uncomfortable discussing this work on the street and had developed strong 19
  • 20. topic, refraining from participating, not wanting family, neighbourhood and school. The street is a to get involved and moving on the next topic of central reference point for these children; it plays a conversation (noticed among the older participants)’. significant role in their everyday life and identity. If we value our children, we must invest in them. 59. In India, in comparison, children Every child counts. Children in street situations have demonstrated that they clearly understood their experienced great deprivation and rights violations. rights – to survival, protection, development and To support them in fulfilling their rights, investment in participation - while in Uganda and Ethiopia the strengthening children’s connections with family, the ‘right to love’ (to be loved and cared for, and community and wider society is required. belong to a family) was mentioned by several participants. 64. An important first step to ensuring this support is to ratify the Convention on the Rights of 60. When asked if they had ever reported any the Child. States that have not yet done so should, violations of their rights, one child in Uganda as a matter of priority, ratify the Convention and responded: “No, because before I came here I did its optional protocols. They should also ratify not know my rights”. In India, a child reflected that ILO’s Convention No. 182 (1999) concerning the ‘their reports are not taken seriously because they Prohibition and Immediate Action for the Elimination are children and don’t understand anything’. of the Worst Forms of Child Labour and Convention 61. In general, children’s understanding of and No. 138 (1973) concerning Minimum Age for access to rights seemed to depend on local socio- Admission to Employment. cultural context and the use of rights-based support 65. Furthermore, the High Commissioner for by specialized interventions. Human Rights recommends that States develop comprehensive Child Protection Systems, comprising VIII. Conclusions and relevant laws, policies, regulations and services across all social sectors, especially social welfare, recommendations education, health, security and justice, as an overarching strategy to safeguard all children, and 62. It is not known how many children depend which promotes a holistic, rights-based approach. on the streets for their survival or development. Numbers fluctuate according to socio-economic, 66. In particular, States should: political and cultural conditions, including (a) Ensure responsibilities are clearly delegated, growing urbanization and inequalities, as well as roles are clearly defined and obligations are terminology and definitions used. What is known is met, so that children’s rights can be respected that diverse conditions and multiple rights violations and fulfilled. When obligations are not met and push children into developing connections with violations occur, the State must be able to hold the streets. Once there, children face a range of accountable those responsible and guarantee new challenges, including hostile perceptions of children access to legal redress. them as delinquents, and many forms of violence. (b) Ensure secondary duty bearers have the Nevertheless, this is a time of opportunity: States capacity to carry out their specific obligations. are developing or strengthening comprehensive This means developing capacity-building and/ child protection systems; civil society organizations or training initiatives to strengthen the capacity of are consolidating promising interventions; data law enforcement officers, judges, social workers, collection is more systematic; and research is teachers, doctors and others responsible for becoming more participatory. protecting children’s rights. 63. A new paradigm is emerging that (c) Guarantee adequate budget allocations emphasizes relationships or “connections,” so that the CPS can safeguard children’s rights. building on the idea of street “situations,” and Budgetary information should be made public to drawing attention to choices children make as encourage research into costs and benefits, so they develop relationships within the street, either as to help States to invest wisely in safeguarding alongside or instead of connections within the children’s rights. 20
  • 21. (d) Take a coordinated approach across all government departments, including those with responsibilities for finance, trade, employment, security, tourism, housing and urban planning, so as to ensure that government policies are coherent in protecting children’s rights. (e) Foster a collaborative approach in which the interests, inter-connections and expertise of non-State actors – children and families, civil society, academia, the private sector, human rights institutions and intergovernmental organizations – are recognized and brought together in partnerships that ensure children are afforded effective protection. 67. As a minimum, States should © B. Irre ensure that free, accessible, simple and expeditious birth registration is available to all children at all ages. 68. The High Commissioner recommends specialized support for children in street situations. (b) Encourage and support To this end, States should promote and support city-level partnership-based specialized child-centred, tailor-made interventions for children interventions, in which local civil society whose connections to family, community and or community-led organizations (that are wider society have been weakened and who small and flexible, with local expertise in have developed their own street-based coping street connectedness) manage specialized mechanisms. In line with a rights-based, holistic interventions, coordinated by local authorities approach, specialized interventions should help (with the capacity to guarantee access children to reconnect with family, local community to local services), supported by the State services and wider society. This does not imply (through a national Child Protection System), that the child should renounce his or her street with the private sector (for capacity-building connections, but rather, such intervention should resources and organizational skills) and guarantee that his or her rights are fulfilled. academia (for research capacity to enable evidence-based decision-making). 69. In particular, States should: (c) Guarantee operational budgets for (a) Introduce laws requiring the design and specialized interventions and funding for implementation of municipal policies, with research to assess their cost-effectiveness. In adequate budgets, that are aimed at ensuring cases where States are unable, in the short- positive law enforcement, coordinating term, to provide the necessary resources, referrals and providing support for specialized the private sector and/or international interventions for children with street community might be approached to engage connections. These policies should be firmly as partners, to ensure that specialized linked to the national Child Protection System interventions, as delegated duty bearers, and be based on local multi-stakeholder have the means and capacity to fulfil the participation, including children themselves. rights of children who have developed connections to the street. 21
  • 22. staff in schools; medical staff in health centres; social workers in welfare centres and specialized interventions. (b) Introduce and enforce sanctions against all perpetrators of violence against children in the streets. (c) Ensure that child- sensitive counselling, complaint and reporting ILO © M. Crozet/ mechanisms are easily accessible to street-connected children. 73. As a minimum, States should decriminalize survival behaviours such as begging, loitering, vagrancy, running away and other acts, (d) Commit to fulfilling human rights beyond and ensure that children with street-connections are childhood, if damaging effects of rights not forcibly rounded-up or treated like criminals or violations are not fully addressed by the delinquents for survival activities. age of 18, even though legal commitments 74. With regard to good practices, the High specific to children may end. Commissioner recommends that States engage 70. As a minimum, States should address consultations on criteria for good practices with stigmatization and discrimination of children in the street-connected children, so as to be able to streets, including through public sensitization to the identify and implement good practices aimed at experiences and rights of street-connected children. improving support for fulfilling the rights of street- 71. In order to address violence, the High connected children. Commissioner recommends that States seek to 75. In particular, States should propose and ensure the prevention and prohibition of all forms lead, in partnership with the United Nations, civil of violence against children in street situations, and society and the private sector, national, sub-regional in this regard, implement the recommendations of and regional multi-stakeholder forums that include international mechanisms, including the Secretary- children, youth and local community representatives General’s Study on Violence against Children, the to discuss and agree criteria for good practices and Special Representative of the Secretary-General on to develop indicators and mechanisms to identify violence against children and the Committee on the and share good practices. Rights of the Child. 76. The High Commissioner for Human 72. In particular, States should: Rights recommends that States develop systemic (a) Ensure full training on non-violent mechanisms to collect data and share information engagement and respect for the right of about children in street situations. States should children in street situations to freedom from aim to develop a comprehensive and coordinated violence for, inter alia, law enforcement system of data collection about children, with officers; judges and all staff in the justice and disaggregated data so as to be able to identify penal systems; teaching and administrative discrimination and/or disparities in the realization 22
  • 23. of rights, as recommended by the Committee on disaggregate data wherever available, in order the Rights of the Child. Such system should enable to be able to identify and analyse information the identification of children in street situations by gathered about children in street situations. circumstances, connections, characteristics and 79. In addition, the High Commissioner addresses experiences, in order to design strategies, policies the following recommendations to international human and programmes, detect obstacles to and recognize rights mechanisms, and in particular: progress in their implementation, through gathering evidence. This means collecting qualitative as well (a) Invites the Committee on the Rights of the as quantitative data, and ensuring that children, as Child to develop a general comment on experts on their own lives, participate in information “non-discrimination and children in street gathering, analysis and dissemination of research. situations,” so as to provide more detailed guidance to States party to the Convention 77. In particular, States should: on using a holistic, rights-based approach to (a) Invest in national data collection and support children in street situations. information sharing about children with street (b) Encourages the universal periodic review connections, in partnership with civil society, to take into consideration and address the the private sector and academia. situation of children living and/or working on (b) Approach intergovernmental agencies to the street in the relevant documentation for propose the development of an international the review, as well as during the interactive coordinating mechanism for knowledge dialogue and in recommendations, whenever sharing, as well as methodologies and tools appropriate. to support States in collecting, analysing (c) Invites special procedure mandate holders and sharing data about children in street to pay particular attention to the situation of situations. street-connected children during their country (c) Encourage and support participatory visits. research with street-connected children and families to inform policy-making and design of specialized interventions. 78. As a minimum, States should assess the coverage of children in street situations within general data collection relevant to children’s rights, address the challenges as necessary, and © Eskinder Debebe/UN Photo 23
  • 24. Annex Findings from Consultations with Children Children’s Voices Paper1: “Nothing about us, without us”2 I n order to bring the voices of children into the already in regular contact with the NGOs, so that a study, the Office of the High Commissioner level of trust had already been developed between for Human Rights invited several NGOs3, all facilitators and the children. The consultation members of the Consortium for Street Children4, to process included group discussion, role-play and facilitate children’s participation and gather their drawing, instead of more conventional surveys views about their circumstances, experiences and or interviews. Consultation centred on three aspirations. As mentioned in par. 49 of the report overarching themes: the child him or herself; their to the Human Rights Council a total of 123 children access to support; and access to their rights. in street situations – 29 girls and 94 boys, aged between 5 and 18 – were consulted in Ecuador, Ethiopia, India, Kenya, Morocco and Uganda. 1. The Child as Individual Their participation took place between October and November 2011. This is a relatively small number This first section of the participatory methodology and no claims are made to represent any other than aimed to explore the potential, agency, strength and the children consulted. A participatory methodology positive contributions street connected children can was designed to help facilitate information offer wider society, and the support they feel they gathering5. The facilitating NGOs have long- need to realise their full potential. In this section the standing expertise in supporting street-connected selected NGOs mainly relied on group discussions children and strong child protection policies; they with the children, supplemented by drawings and used an agreed participatory methodology to role play. In Ecuador the NGO used one to one ensure the children’s meaningful participation. interviews. The participation around this theme Participation was restricted to children who were centred on the following questions: 1 Anne Louise Meincke, Advocacy Director, Consortium for Street 4 The Consortium for Street Children (CSC) is the leading Children, international network dedicated to realising the rights of www.streetchildren.org.uk street children. With over 60 members in over 130 countries, 2 Quote by former UK girl in street situation in conjunction with CSC is committed to creating a better future for some of the the International Day for Street Children, 12th April 2011 most disadvantaged children by working together to share 3 Participating NGOs were: Action for Children in Conflict knowledge, conduct research, influence policy and take action. (www.actionchildren.org), Kenya; CHETNA (www.chetna-india. We are Louder Together. http://www.streetchildren.org.uk/ org) and Hope for Children (www.hope-for-children.org), India; 5 For further information about the participatory methodology Juconi (www.juconi.org.ec) Ecuador; Moroccan Children’s Trust used see the Children’s Voices paper at OHCHR’s web page: (www.moroccanchildrenstrust.org), and Retrak (www.retrak. http://www.ohchr.org/EN/Issues/Children/Study/Pages/ org), Ethiopia and Uganda. ExpertConsultation.aspx 24
  • 25. • Who inspires you and why? When a 16 year old boy in Ecuador was asked if he had someone who inspired him to move forward • What about yourself are you most proud of, and he answered “Not a single person. I am able to why? move forward because of myself and my own • What are your strengths? What needs to be in actions and because God is always with me and he place for you to use these more? wishes the best for me”. When asked if he saw God • How do you currently contribute to society (e.g. as an inspiration he said “Yes, because he is the the work you do, helping others etc.)? What only person who I trust, he is the only person who support do you need to contribute even more? can tell me if I am doing things well or badly”. • What are your hopes for the future? Who do you see supporting you to make those hopes a reality? WHO INSPIRES YOU AND WHY? In India facilitators noted that most children said they were inspired by teachers, their parents and NGO workers, because ‘they teach them, help them and show them the right path in life’, and that the children themselves wanted to ‘do something in their community, but don’t have the sufficient amount of scope to make their desires complete’. For older street boys In Uganda, celebrity status and commercial success played significant roles. Musicians were inspirational because they ‘dress in funny styles, make their hair with dreadlocks, put on shades’, and ‘all musicians are successful and are celebrities in their own way’, whilst business people ‘have a lot of money and live luxury lives’. Similarly, street connected boys in Kenya said that they were inspired by ‘politicians and business people who are successful’. © Marcus Lyon 25
  • 26. Annex A group of younger children in Uganda said that a I managed to sell anything or not because I knew teacher and cook at their residential NGO facility I would have to go out the next day to sell again. were considered inspirational because the teacher But after a little while I learned a bit more about ‘spend most of his time with them and labours to being on the street and I made some friends and explain and guide one in every possible way on they taught me how to sell and stuck with me on questions asked in class’ and the cook because he the street. To start with they asked me what were ‘gives adequate food to every child’. my dreams and why I was on the streets and I said I didn’t want to be on the streets, I didn’t like it, I WHAT ABOUT YOURSELF ARE YOU MOST PROUD wanted to be with my family and to be in school OF, AND WHY? but we needed help financially and I knew it wasn’t supposed to be that way but if you don’t work, Many of the children reflected that they were proud things just aren’t going to fall out of the sky to feed to help others. For example, in India children had you. I continue to do it because I like it and not just expressed pride in being able to ‘always offer their because we need the money. It is something that I services without any expectations to the weaker learned to do (...) and I like it a lot and I don’t want and desperate people’. In Uganda an older street to give up doing it just for the sake of it”. connected boy said that he was proud of himself because “I have passion for others”, while a boy Children in India also highlighted work as in Morocco said “I would say that I help people, if something they felt proud of: ‘being strong enough someone needs something done or a favour I would to do work, and not afraid of doing challenging do it for them. Like to send me to buy something or or hard work. They feel proud to earn a livelihood to take care of my brother I never say no”. for their family’. Both boys and girls in Morocco agreed that work within the household could be a Many children expressed pride in being able source of pride. One boy said: “It’s not just working to support themselves and their families through outside, it’s also taking care of siblings. Like in my work on the street, and have developed strong family we are seven, we’re like a football team! connections to their work. A boy in Ecuador And I’m the oldest so I have to look after my sisters reflected: “I started working when I was 5 years especially”. old and it was really difficult. I didn’t know how to sell anything but I had to stay positive whether Box 1: Drawing – ‘Street’ 1 (Uganda) Children in Uganda were encouraged, as part of their group discussions, to draw pictures of key issues affecting them. One boy drew the picture below and added “I was smoking on the street and influenced by my friends”. 26