UN Convention on the Rights of Child (UNCRC), 1989
The UN Convention on the Rights of the Child (UNCRC) 1989 is a pivotal international human rights treaty that holds immense importance for street children. It establishes that all individuals under the age of 18 have fundamental rights, irrespective of their circumstances. For street children, who are often marginalized, vulnerable, and deprived of basic necessities, the Convention provides a framework for their protection and rights. It obligates governments to ensure these children have access to essential services like healthcare, education, and shelter, and to protect them from exploitation, abuse, and violence that they are particularly susceptible to on the streets. Pakistan ratified UNCRC, 1989 on 12th November, 1990.
Several articles within the Convention are particularly pertinent to the well-being of street children. Article 3 emphasizes that the best interests of the child should be a primary consideration in all actions concerning children. Article 19 mandates the protection of children from all forms of violence and abuse. Article 20 provides the right to special protection and assistance for children deprived of their family environment. Article 24 ensures the right to the highest attainable standard of health. Article 26 addresses the right to social security and Article 27 the right to an adequate standard of living. Article 28 guarantees the right to education, while Article 32 protects children from economic exploitation and hazardous work. Article 33 focuses on protection from drug abuse, and Article 34 from sexual exploitation. Article 36 broadly protects against all forms of exploitation harmful to the child’s welfare, and Article 39 emphasizes the right to recovery and reintegration for child victims of abuse and exploitation. These articles collectively lay down a comprehensive set of rights and protections necessary to address the complex needs and vulnerabilities of street children.
General Comment No. 21 (GC21)
| General Comment No. 21, titled “Children in Street Situations,” was adopted by the Committee on the Rights of the Child in 2017 to provide governments with guidance on developing comprehensive national strategies for street children, taking their respect, dignity and rights into consideration. It focuses on the rights of children living and/or working on the streets, providing a comprehensive interpretation of the CRC as it applies to these children. GC21 is significant because it highlights the unique challenges faced by street-connected children and underscores the obligations of state parties to protect and promote their rights.
Key aspects covered in General Comment No. 21 include: Definition and recognition of street-connected children: The document provides a definition of street-connected children, recognizing them as individuals under the age of 18 for whom the street environment plays a significant role in their lives. Rights of street-connected children: GC21 elaborates on the rights of street-connected children as enshrined in the CRC, emphasizing their right to survival, development, protection, and participation. It underscores the importance of ensuring access to essential services such as education, healthcare, shelter, and social support. Protection from violence, exploitation, and discrimination: The General Comment highlights the vulnerability of street-connected children to various forms of violence, exploitation, and discrimination. It emphasizes the obligation of states to take proactive measures to protect these children from harm and to address the root causes of their vulnerability. Legal identity and access to justice: GC21 emphasizes the importance of ensuring that street-connected children have access to legal identity documents and effective mechanisms for seeking redress in cases of rights violations. Participation and empowerment: The document underscores the right of street-connected children to participate in decisions that affect their lives and to have their voices heard in matters concerning them. It calls for the empowerment of these children through education, skills training, and opportunities for social integration. |
Other international treaties relevant to street children:
International Covenant on Economic, Social and Cultural Rights, 1966
Pakistan ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 on 17th April, 2008. Article 11 explicitly recognizes street children’s right to an adequate standard of living, encompassing essential necessities like food, clothing, and housing. For children living on the streets, these fundamental rights are often severely violated, leading to extreme vulnerability, poor health, lack of education, and increased exposure to exploitation and abuse. By upholding Article 11, states commit to taking steps to ensure these basic needs are met, thereby providing a legal framework for protecting street children’s dignity, well-being, and overall development, ultimately working towards their reintegration into society and a life free from destitution.
International Covenant on Civil and Political Rights, 1966
Pakistan ratified the International Covenant on Civil and Political Rights (ICCPR), 1966 on 17th April, 2008. Article 6 protects street children’s inherent right to life, which is often threatened by violence, neglect, and lack of healthcare. Article 7 ensures their freedom from torture, cruel, inhuman, or degrading treatment, addressing the widespread physical and psychological abuse they endure. Article 8 prohibits their exploitation through slavery and forced labor, a common plight for many street children. Article 9 guarantees their right to liberty and security, protecting them from arbitrary arrest, detention, and removal from public spaces. Article 17 recognizes their right to privacy, even without a conventional home, and aims to protect them from unwarranted interference in their personal lives. This can also extend to efforts to trace their families. Article 24 specifically mandates that every child has the right to protection as a minor from their family, society, and the State, encompassing their right to a name and nationality, which are often denied to street children. Moreover, Article 26 ensures their equality before the law and protection from discrimination, essential given the societal prejudice and legal marginalization they frequently face.
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000
Pakistan ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (OPSC), 2000 on 5th July, 2011. Many street children, due to their extreme vulnerability, lack of protection, and desperate circumstances, are prime targets for child traffickers, sexual exploiters, and those involved in child pornography. The OPSC explicitly criminalizes these heinous acts, obliging signatory states to enact laws that prohibit the sale of children for various exploitative purposes (including sexual exploitation, forced labor, and organ transfer), child prostitution, and the production and dissemination of child pornography. Furthermore, it strengthens international cooperation in prosecuting offenders and emphasizes the protection and recovery of child victims, ensuring they receive the necessary assistance, rehabilitation, and reintegration into society.
International Labour Organization (ILO) Conventions
Pakistan has ratified several International Labour Organization (ILO) Conventions such as Convention No. 138 concerning Minimum Age for Admission to Employment and Convention No. 182 on the Worst Forms of Child Labour. Pakistan ratified Convention No.138 on 6 July 2006. It aims for the effective abolition of child labor by requiring countries to set a minimum age for employment, generally 15 years, and align it with the age for completing compulsory schooling. This is vital for street children who are often forced into work at very young ages, depriving them of education and a safe childhood.
Moreover, Pakistan ratified Convention No. 182 on 11 October 2001. It demands immediate and effective measures to prohibit and eliminate the “worst forms of child labor,” which directly pertain to the dire situations many street children face, including all forms of slavery (trafficking, debt bondage), child prostitution, use in illicit activities (like drug trafficking), and hazardous work that is likely to harm their health, safety, or morals. Both conventions compel states to develop national policies and programs for the prevention, withdrawal, and rehabilitation of child laborers, emphasizing the importance of education and social reintegration to break the cycle of poverty and exploitation that drives children to the streets and into dangerous work.