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Children in street situations 2017, para. 4
- Paragraph text
- In the past, the terms used to describe children in street situations have included “street children”, “children on the street”, “children of the street”, “runaway children”, “throwaway children”, “children living and/or working on the street”, “homeless children” and “street-connected children”. In the present general comment, the term “children in street situations” is used to comprise: (a) children who depend on the streets to live and/or work, whether alone, with peers or with family; and (b) a wider population of children who have formed strong connections with public spaces and for whom the street plays a vital role in their everyday lives and identities. This wider population includes children who periodically, but not always, live and/or work on the streets and children who do not live or work on the streets but who regularly accompany their peers, siblings or family in the streets. Concerning children in street situations, “being in public spaces” is understood to include spending a significant amount of time on streets or in street markets, public parks, public community spaces, squares and bus and train stations. It does not include public buildings such as schools, hospitals or other comparable institutions.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 6
- Paragraph text
- Evolution of general comment No. 13. The present general comment builds on the existing guidance provided by the Committee in its review of States parties' reports and the respective concluding observations, the recommendations of two days of general discussion on violence against children, held in 2000 and 2001, general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, and references in other general comments to the topic of violence. The present general comment draws attention to the recommendations of the 2006 report of the independent expert for the United Nations study on violence against children (A/61/299) and calls on States parties to implement those recommendations without delay. It calls attention to the detailed guidance available in the Guidelines for the Alternative Care of Children. It also draws on the expertise and experience of United Nations agencies, Governments, non-governmental organizations (NGOs), community organizations, development agencies, and children themselves in seeking to implement article 19 in practice.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
State obligations regarding the impact of the business sector on children’s rights 2013, para. 31
- Paragraph text
- When determining the level or form of reparation, mechanisms should take into account that children can be more vulnerable to the effects of abuse of their rights than adults and that the effects can be irreversible and result in lifelong damage. They should also take into account the evolving nature of children's development and capacities and reparation should be timely to limit ongoing and future damage to the child or children affected; for example, if children are identified as victims of environmental pollution, immediate steps should be taken by all relevant parties to prevent further damage to the health and development of children and repair any damage done. States should provide medical and psychological assistance, legal support and measures of rehabilitation to children who are victims of abuse and violence caused or contributed to by business actors. They should also guarantee non-recurrence of abuse through, for example, reform of relevant law and policy and their application, including prosecution and sanction of the business actors concerned.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Violence
- Person(s) affected
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 29g
- Paragraph text
- [Harmful practices. These include, but are not limited to:] Accusations of "witchcraft" and related harmful practices such as "exorcism";
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 29a
- Paragraph text
- [Harmful practices. These include, but are not limited to:] Corporal punishment and other cruel or degrading forms of punishment;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 25c
- Paragraph text
- [Sexual abuse and exploitation. Sexual abuse and exploitation includes:] The use of children in audio or visual images of child sexual abuse;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 11f
- Paragraph text
- [The present general comment seeks:] To highlight the need for all States parties to move quickly to fulfil their obligations under article 19.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 74
- Paragraph text
- When assessing refugee claims of unaccompanied or separated children, States shall take into account the development of, and formative relationship between, international human rights and refugee law, including positions developed by UNHCR in exercising its supervisory functions under the 1951 Refugee Convention. In particular, the refugee definition in that Convention must be interpreted in an age and gender-sensitive manner, taking into account the particular motives for, and forms and manifestations of, persecution experienced by children. Persecution of kin; under-age recruitment; trafficking of children for prostitution; and sexual exploitation or subjection to female genital mutilation, are some of the child-specific forms and manifestations of persecution which may justify the granting of refugee status if such acts are related to one of the 1951 Refugee Convention grounds. States should, therefore, give utmost attention to such child-specific forms and manifestations of persecution as well as gender-based violence in national refugee status-determination procedures.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2005
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 72b
- Paragraph text
- [Elements to be mainstreamed into national coordinating frameworks. The following elements need to be mainstreamed across the measures (legislative, administrative, social and educational) and stages of intervention (from prevention through to recovery and reintegration):] The gender dimensions of violence against children. States parties should ensure that policies and measures take into account the different risks facing girls and boys in respect of various forms of violence in various settings. States should address all forms of gender discrimination as part of a comprehensive violence-prevention strategy. This includes addressing gender-based stereotypes, power imbalances, inequalities and discrimination which support and perpetuate the use of violence and coercion in the home, in school and educational settings, in communities, in the workplace, in institutions and in society more broadly. Men and boys must be actively encouraged as strategic partners and allies, and along with women and girls, must be provided with opportunities to increase their respect for one another and their understanding of how to stop gender discrimination and its violent manifestations;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 64
- Paragraph text
- The following two articles of the Convention also have all-embracing relevance which gives them particular significance for the implementation of article 19.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 55b
- Paragraph text
- [Judicial involvement may consist of the following:] Juvenile or family court intervention leading to a specific measure of child protection;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 41j
- Paragraph text
- [State parties that have not yet done so must:] Establish and support an independent national institution of children's rights.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 41g
- Paragraph text
- [State parties that have not yet done so must:] Ensure that relevant legislation provides adequate protection of children in relation to media and ICT;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 11
- Paragraph text
- The Committee defines "corporal" or "physical" punishment as any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting ("smacking", "slapping", "spanking") children, with the hand or with an implement - a whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, for example, kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, forcing children to stay in uncomfortable positions, burning, scalding or forced ingestion (for example, washing children's mouths out with soap or forcing them to swallow hot spices). In the view of the Committee, corporal punishment is invariably degrading. In addition, there are other non-physical forms of punishment that are also cruel and degrading and thus incompatible with the Convention. These include, for example, punishment which belittles, humiliates, denigrates, scapegoats, threatens, scares or ridicules the child.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Year
- 2006
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 43
- Paragraph text
- For migrant children for whom there are indications of trafficking, sale or other forms of sexual exploitation or who may be at risk of such acts or of child marriage, States should adopt the following measures: - Establish early identification measures to detect victims of sale, trafficking and abuse, as well as referral mechanisms, and in this regard carry out mandatory training for social workers, border police, lawyers, medical professionals and all other staff who come into contact with children - Where different migration statuses are available, the most protective status (i.e., asylum or residence on humanitarian grounds) should be applied and granting such status should be determined on a case-by-case basis in accordance with the best interests of the child - Ensure that the granting of residence status or assistance to migrant child victims of sale, trafficking or other forms of sexual exploitation is not made conditional on the initiation of criminal proceedings or their cooperation with law enforcement authorities.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 42
- Paragraph text
- Undocumented migrant children and parents dependent on residence or work permits, who can easily be made undocumented by their sponsor/employer, face risks of being reported to the immigration authorities by public service providers or other officials or by private individuals. This limits their enjoyment of human rights, including protection and access to justice, and makes them more vulnerable to violence and to labour and other types of exploitation and abuse, and could be the result of policies prioritizing the detection of migrants in irregular status instead of their protection from violence, abuse and exploitation, making children more vulnerable to experiencing violence or witnessing violence against a family member. Among other measures, effective firewalls between child protection services and immigration enforcement should be ensured.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 41
- Paragraph text
- It is essential that States take all necessary measures to prevent and combat the illicit transfer and non-return of children as well as the worst forms of child labour, including all forms of slavery, commercial sexual exploitation, the use of children for illicit activities, including begging, and hazardous work, and protect them from violence and economic exploitation. The Committees recognize that children face gender-specific risks and vulnerabilities which should be identified and specifically addressed. In many contexts, girls may be even more vulnerable to trafficking, especially for purposes of sexual exploitation. Additional measures should be taken to address the particular vulnerability of girls and boys, including those who might have a disability, as well as children who are lesbian, gay, bisexual, transgender or intersex persons, to trafficking for the purposes of sexual exploitation and abuse.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- LGBTQI+
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Children in street situations 2017, para. 29
- Paragraph text
- Children in street situations are at risk of, inter alia: extrajudicial killings by State agents; murder by adults or peers, including murder linked to so-called vigilante justice, and association with/targeting by criminal individuals and gangs, and when the State does not prevent such crimes; exposure to potentially life-threatening conditions associated with hazardous forms of child labour, traffic accidents, substance abuse, commercial sexual exploitation and unsafe sexual practices; and death due to lack of access to adequate nutrition, health care and shelter. The right to life should not be interpreted narrowly. It concerns individuals’ entitlement to be free from acts and omissions intended or expected to cause their unnatural or premature death, and to enjoy a life with dignity. In 1999, in the case of the torture and murder by police of three children and two young people in street situations in 1990, the Inter-American Court of Human Rights ruled that arbitrary privation of life is not limited to the illegal act of homicide, but extends to the deprivation of the right to live with dignity. This conception of the right to life extends not only to civil and political rights but also to economic, social and cultural rights. The need to protect the most vulnerable people — as in the case of street children — definitely requires an interpretation of the right to life that encompasses the minimum conditions for a life with dignity.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Children in street situations 2017, para. 17
- Paragraph text
- Within a legislative and policy framework, budgeting for, developing and strengthening holistic child protection systems, on the basis of a child rights approach, forms the basis of the practical measures required for prevention and response strategies. Such national child protection systems need to reach children in street situations and should incorporate fully the specific services they need. The systems need to provide a continuum of care across all relevant contexts, including prevention, early intervention, street outreach, helplines, drop-in centres, day-care centres, temporary residential care, family reunification, foster care, independent living or other short- or long-term care options. However, not all of these contexts are relevant for all children in street situations. For example, prevention and early intervention are priorities for children at the early stages of developing strong and harmful street connections, but are not relevant for children born in street situations. Some children may not experience residential placements while, for others, family reunification is not relevant or appropriate. Strategies should make it clear that a child rights approach needs to apply to each and every context. Administrative burdens and delays in gaining access to child protection systems should be reduced. Information should be made available in child-friendly and accessible formats and children in street situations should be supported to understand and navigate child protection systems.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 40
- Paragraph text
- Legislative measures refer to both legislation, including the budget, and the implementing and enforcing measures. They comprise national, provincial and municipal laws and all relevant regulations, which define frameworks, systems, mechanisms and the roles and responsibilities of concerned agencies and competent officers.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 29f
- Paragraph text
- [Harmful practices. These include, but are not limited to:] Honour crimes; "retribution" acts of violence (where disputes between different groups are taken out on children of the parties involved); dowry-related death and violence;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 29d
- Paragraph text
- [Harmful practices. These include, but are not limited to:] Violent and degrading initiation rites; force-feeding of girls; fattening; virginity testing (inspecting girls' genitalia);
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 28
- Paragraph text
- Self-harm. This includes eating disorders, substance use and abuse, self-inflicted injuries, suicidal thoughts, suicide attempts and actual suicide. Suicide among adolescents is of particular concern to the Committee.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Adolescents
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 25a
- Paragraph text
- [Sexual abuse and exploitation. Sexual abuse and exploitation includes:] The inducement or coercion of a child to engage in any unlawful or psychologically harmful sexual activity;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 23c
- Paragraph text
- [Children with disabilities may be subject to particular forms of physical violence such as:] Deliberate infliction of disabilities on children for the purpose of exploiting them for begging in the streets or elsewhere.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 23b
- Paragraph text
- [Children with disabilities may be subject to particular forms of physical violence such as:] Violence in the guise of treatment (for example electroconvulsive treatment (ECT) and electric shocks used as "aversion treatment" to control children's behaviour); and
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 22b
- Paragraph text
- [Physical violence. This includes fatal and non-fatal physical violence. The Committee is of the opinion that physical violence includes:] Physical bullying and hazing by adults and by other children.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 22a
- Paragraph text
- [Physical violence. This includes fatal and non-fatal physical violence. The Committee is of the opinion that physical violence includes:] All corporal punishment and all other forms of torture, cruel, inhuman or degrading treatment or punishment; and
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 21f
- Paragraph text
- [Mental violence. "Mental violence", as referred to in the Convention, is often described as psychological maltreatment, mental abuse, verbal abuse and emotional abuse or neglect and this can include:] Placement in solitary confinement, isolation or humiliating or degrading conditions of detention; and
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 21e
- Paragraph text
- [Mental violence. "Mental violence", as referred to in the Convention, is often described as psychological maltreatment, mental abuse, verbal abuse and emotional abuse or neglect and this can include:] Exposure to domestic violence;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Children
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph