Concluding Observations Committee on the Rights of the Child CRC/C/IRN/CO/3-4 para
88(c)
Full recommendation:
Ensure that children in street situations are not subjected to discrimination, abuse or harassment
by the public and by law enforcement officials and that they are not subjected to arbitrary arrest
and illegal detention.
Assessment using Impact Iran human rights indicators1
The Iranian legal framework contains discriminatory provisions against “vagrant” individuals,
which may include children living and/or working in the street. 2 Under the Criminal Code of
Procedure (2015), a crime can be considered “evident” -meaning that no warrant is required to
arrest the accused of such crime- notably when “the accused is a vagrant and has a negative
reputation in the area in question”.3 Such provision may put children in street situation at risk of
arbitrary arrests. In its General Comment No.21 on children in street situations, the Committee
on the Rights of the Child stipulates that States should “abolish where appropriate offences that
criminalise and disproportionately affect children in street situations, such as […] vagrancy” 4
To address the high number of street children, the Iranian authorities together with the State
Welfare Organisation have been resorting to periodic ‘roundups’ of street children, during which
they are frequently separated from their families and put into care facilities.5 If these children are
found on the street for the third time during these ‘round-ups’, they are removed from their
parent’s custody. 6 Child rights organisations have been reportedly criticising such plan on the
basis that its securitised approach does not address the social and economic root causes of the
issue, ultimately leading children to return to the street.7 8 According to these organisations,
‘collected’ children are being kept in inappropriate centers with limited space and lacking care
services.9 10 In its General Comment No.21 on children in street situations, the Committee on
1
CRC.34.1.S.1 ; CCPR.24.1.S.1
CRC.34.1.P.1 ; CRC.34.1.P.2 ; CRC.34.P.3; CCPR.24.1.P.1
CRC.34.1.O.1
2
For instance, under Article 177 of the Islamic Penal Code, a vagrant cannot be considered as a witness. Islamic Penal Code
(2013), English translation, Iran Human Rights Documentation Centre, https://iranhrdc.org/english-translation-of-books-i-ii-ofthe-new-islamic-penal-code/
3
Criminal Code of Procedure (2015), as referenced by Amnesty International in
https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
4
General Comment No.21 on children in street situations, Committee on the Rights of the Child, CRC/C/GC/21,
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC/C/GC/21&Lang=en
5
Center for Human Rights in Iran, https://www.iranhumanrights.org/wp-content/uploads/Days-to-remember-low.pdf
6
Radio Farda, https://en.radiofarda.com/a/iran-child-labor-homeless-abuse/29193727.html
7
ISNA News, https://www.isna.ir/news/96070301939/ﮐﻮدک-ﮐﺎر-ﺑﺎ-اﻗﺘﺼﺎد-روﺳﯿﺎھﯽ
8
Radio Farda, https://en.radiofarda.com/a/iran-child-labor-homeless-abuse/29193727.html
9
ODVV, http://www.odvv.org/blog-2140-The-Child-Labour-and-Street-Children-Problem
10
ISNA News, https://www.isna.ir/news/96070301939/ﮐﻮدک-ﮐﺎر-ﺑﺎ-اﻗﺘﺼﺎد-روﺳﯿﺎھﯽ
1