Because I am a Girl: Urban and Digital Frontiers - Plan International

GIRLS’ LEGAL RIGHTS IN THE CITY 34
Girls who move to the city are vulnerable to a number
of human rights violations and it is primarily the
obligation of governments to ensure that their rights
are protected. International human rights standards
can be used to provide guidance on domestic legal
frameworks and other measures to ensure that the
city is an environment in which girls can survive,
develop and thrive. The UN Convention on the Rights
of the Child (UNCRC Article 19) is perhaps the most
significant instrument that can be used to address
violations of girls’ human rights in the city. However,
other instruments, including the International
Covenant on Civil and Political Rights (ICCPR), the
International Covenant on Economic, Social and
Cultural Rights (ICESCR), and the Convention on the
Elimination of all Forms of Violence Against Women
(CEDAW) are also important.
The right to adequate housing
The right to adequate housing is a key component
of the right to an adequate standard of living,
which is recognised in a number of international
instruments, including Article 11(1) of the ICESCR,
Article 27(1) of the UNCRC, and in a number of
other conventions and commitments. Ensuring that
girls have adequate housing is key to preventing
violations of other fundamental human rights,
including the rights to health, education, security
and protection from violence.
Adequate housing, according to international
standards, includes more than just having a roof
over one’s head. It also includes the right to
live somewhere in peace, security and dignity.
According to the UN Committee on Economic,
Social and Cultural Rights, the right to housing
includes the following key components: legal
security of tenure (including legal protection
against forced evictions); availability of services,
materials, facilities and infrastructure, including,
for instance, access to safe drinking water, food
storage, sanitary facilities, energy for cooking,
heating and lighting, refuse disposal and emergency
services; affordability; habitability, including
protection from the elements; accessibility; location
which affords adequate educational and work
opportunities and access to services, like medical
facilities; and cultural adequacy.
According to Article 27(2) of the UNCRC,
parents have the primary obligation to ensure that
children have the conditions that are necessary for
their development, including access to adequate
housing. However, where parents are not able to
provide safe, secure accommodation for children
in their care, governments must give them the
necessary support to ensure that their right to
adequate housing is protected. Where children
either do not have parents or carers, or cannot
live with their parents, Article 20 of the UNCRC
places an immediate obligation on governments to
ensure that alternative care is available to children
including, for example, foster care.
The right to protection from violence, abuse and
exploitation
Governments have an obligation to protect girls
from all forms of violence, exploitation and abuse.
The most important instruments on the rights of
girls to protection from violence, abuse and neglect
are the UNCRC and CEDAW. While there is no
specific international instrument relating to girls,
children’s rights and women’s rights standards
can be used to set out a framework of action for
governments to use in aiming to protect girls who
have moved to cities to escape from violence.
According to Article 2(1) of the UNCRC,
governments must ensure that the Convention’s
rights are available to each child, without
discrimination. Governments must address the
gender dimensions of violence against children
and employ measures to ensure that girls are not
disproportionately affected by violence.
Article 2 of CEDAW places an obligation on
governments to take all appropriate measures
to eliminate discrimination against women.
According to the UN Committee on the Elimination
of Discrimination Against Women, gender-based
violence is a form of discrimination. It includes
physical, sexual and psychological violence
in the home, the community and by the State.
Governments are obliged to take a range of
measures to address violence against women
(including girls), as set out by the Committee.
These include legal measures (such as penal
sanctions and civil remedies); preventive measures
(such as public education and information
programmes); protective measures (including
rehabilitation and support services for girls who
are victims of violence); and monitoring the extent,
causes and effects of violence. The UN Declaration
on Violence Against Women further entrenches
and elaborates the international commitment to
addressing gender-based violence.
31