Saturday, June 11, 2011

Evolving capacity of children-an understanding by Samraggi Chakraborty

Abstract 
The United Nations Convention on the Rights of the Child (UNCRC) gave a new dimension to child rights. Prior to this Convention, children were understood to be dependent on their parents, elders and guardians for their protection. But with the coming of this Convention, children are considered to be subjects of rights i.e. they could exercise and claim those rights. This Convention bestows on children various rights and these rights are to be exercised in accordance with their evolving capacities. Why is this concept of evolving capacity important? Does consideration of evolving capacity of children help in advancing their rights?


I. Introduction
Evolving capacity is the concept in which education, child development and youth development programs led by adults takes into account the capacities of the child  or youth to exercise rights on his or her own behalf.


The concept of evolving capacity has been for the first time recognized by the United Nations Convention on the Rights of Child (UNCRC) under Article 5. It states that States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.


Thus we find that Article 5 of the UNCRC provides that the direction and guidance provided by the parents or other persons who are in responsibility of the child must be taken by taking into consideration the capabilities of the child to exercise rights on his or her behalf.


Article 5 is no doubt an important provision of the convention.  This is so because of its recognition of ‘the exercise by the child’ of rights mentioned under the convention and also in the repetition of its language in Article 14. Article 14 provides that


1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.


2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in amanner consistent with the evolving capacitiesof the child.


The principle of evolving capacity is very much stitched to Article 12 which provides that every child capable of forming her or his own views has the right to freely express those views and to have them duly considered in all decisions that will affect that child, in accordance with the child's age and maturity. This directly points to “evolving capacities”.


Article 5 speaks about evolving capacity of a child. But then what is meant by evolving capacity of a child? Evolving capacities refers to processes of maturation and learning whereby children progressively acquire knowledge, competencies and understanding, including acquiring understanding about their rights and about how they can best be realized.[1]

Why is the concept of evolving capacity of children important? “Respecting young children’s evolving capacities is crucial for the realization of their rights and especially significant during early childhood, because of the rapid transformations in children’s physical, cognitive, social and emotional functioning, from earliest infancy to the beginnings of schooling.”[2] Evolving capacity should be viewed as an enabling process and not as an excuse for authoritarian practices that actually curtails and limits the independence and autonomy of children. Parents and others should be encouraged to enhance their children in exercising their rights (their right to participation under Article 12 ).[3]

Read more at http://www.goforthelaw.com/index.php/browsearticles/loadarticleview/150.html

No comments:

Post a Comment