Evolving capacities of the child: Does this principle strengthen or undermine the realisation of children's rights?


Hybrid event

The UN Convention on the Rights of the Child introduced for the first time an explicit recognition that every child under the age of 18 years is entitled to respect, not only for their economic, social and cultural rights, but also to civil and political rights. It thus acknowledged children as agents in their own lives. It thereby introduced a challenge in the international human rights field which is rooted in the fundamental principle that people have autonomy to exercise choices and take decisions affecting their own lives. While the Convention on the Rights of the Child affirms that all its rights apply equally to all children, clearly children are not able from birth to exercise rights for themselves. Rather, parents or guardians are afforded the rights and responsibilities to make decisions on their behalf. The drafters of the Convention addressed the challenge through the introduction of the concept of the evolving capacities of the child – a recognition that the child, during the course of their childhood, will gain increasing levels of knowledge, skills and understanding, and will thereby acquire greater competencies to exercise rights on their own behalf. The seminar will elaborate the implications and complexity of this concept through three lenses: children’s right to development of their optimum capacities, their right to protection in accordance with their still evolving capacities and their right to recognition of those capacities they have to take increasing levels of responsibility for themselves during the course of childhood.

Booking is required for people outside of the Department of Social Policy and Intervention (DSPI). DSPI Members do not need to register.

This talk is part of the DSPI Michaelmas Term Seminar Series 2024.