The Evolving Capacities of the Child
AbstractThe Convention on the Rights of the Child introduces for the first time in an international human rights treaty, the concept of the ‘evolving capacities’ of the child. This principle has been described as a new principle of interpretation in international law, recognising that, as children acquire enhanced competencies, there is a diminishing need for protection and a greater capacity to take responsibility for decisions affecting their lives. The Convention allows for the recognition that children in different environments and cultures, and faced with diverse life experiences, will acquire competencies at different ages. Action is needed in law, policy and practice so that the contributions children make and the capacities they hold are acknowledged. The purpose of the study is to open the discussion and promote debate to achieve a better understanding of how children can be protected, in accordance with their evolving capacities, and also provided with opportunities to participate in the fulfillment of their rights.
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Bibliographic InfoPaper provided by UNICEF Innocenti Research Centre in its series Innocenti Insight with number innins05/18.
Date of creation: 2005
Date of revision:
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- K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
This paper has been announced in the following NEP Reports:
- NEP-ALL-2005-07-03 (All new papers)
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- Gina Crivello & Laura Camfield & Martin Woodhead, 2009. "How Can Children Tell Us About Their Wellbeing? Exploring the Potential of Participatory Research Approaches within Young Lives," Social Indicators Research, Springer, vol. 90(1), pages 51-72, January.
- Munro, Emily R. & Pinkerton, John & Mendes, Philip & Hyde-Dryden, Georgia & Herczog, Maria & Benbenishty, Rami, 2011. "The contribution of the United Nations Convention on the Rights of the Child to understanding and promoting the interests of young people making the transition from care to adulthood," Children and Youth Services Review, Elsevier, vol. 33(12), pages 2417-2423.
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