On The State Obligation Of Safeguarding The Right Of Social Assistance Of Street Children

Street children is a common social problem around the world, being more obviousespecially in developing countries. They are kept to stay away from their parents as wellas care home, suffering infringement from family, society and other parties, and hardlyprotecting the fundamental rights of street children. The social assistance right, whichmeans when people are stuck in trouble of poverty or hard life they have the right torequest material aid or service from the State, is a basic human right in modern civilsociety. Particularly when they lost family protection, living on the streets, Streetchildren become the needier for holding the State’s hand.This paper, taking the general problem of street children as the point of departure,systematically arranges for the population, current living situation and causes of streetchildren, based on the causes giving typological analysis. Meanwhile, combined withprevious academic achievements of social assistance right by scholars, this paperdiscusses the logical structure of social assistance right of street children deeply,elaborates the content of social assistance right which is impaired with specificcircumstances of street children. On this basis, this paper highlights that the State fulfillsthe obligation of social assistance right of street children with a view of demonstratingthe necessity and reasonableness for the State salving the street children andguaranteeing social assistance right of street children from law level and institutionallevel. The State, taking the salvage obligation of street children, is to achieve thefunction of beneficial right of fundamental right, to fulfill objective value order offundamental right, necessarily to practice state responsibility and to reflect protection ofhuman rights, which is propitious to safeguard social fairness and justice. However,there are problems that protection and assistance of street children exists inadequacies inregulations and legal system, insufficiencies to fulfill the obligations of social security,deficiency of judicial remedy and absence of legal aid system. Confronting thepredicament which social assistance right of street children is impaired, the State shouldtake specific measures in the fields of legislation, judicature and administration and soon, in fulfilling the obligation of social assistance right of street children.