The need for a contextual approach in identifying street-connected children for purposes of intervention

ABSTRACT

Over the years, the major challenge to the protection of street-connected children’s fundamental rights has been the homogeneous conceptualisation of categories of children who fall within the ambit of street-connected children (SCC). As such, often, states – as duty-bearers – have narrowly identified SCC. This article argues that, if the rights of these children are to be effectively guaranteed, the phenomenon of SCC will need to be contextually conceptualised. A contextual approach, it is argued, affords broader protection to all affected children because it places emphasis on children’s interaction with the street, and how it impacts on their fundamental rights. However, because of the well augmented homogeneous definitions of SCC already in place, a contextual approach warrants express delineation so that the broader obligations of duty bearers are made more apparent. Against this backdrop, since the Committee on the Rights of the Child (CRC) is in the process of developing a General Comment (GC) on SCC, this process presents the CRC with a momentous opportunity to make the contextual approach more apparent. Following a brief introduction, the article gives an overview of the varying homogeneous definitions of SCC and their limitations in affording broader protection to children. A brief discussion of the realities of children in street situations in Africa follows. Subsequently, the potential of the forthcoming GC on SCC to clearly substantiate and further the cause of a contextual approach is underscored.

Keywords:

• contextual approach
• General Comments
• legal and social intervention
• street-connected children