Topic
Evolving capacities
About: Evolving capacities is a research topic. Over the lifetime, 61 publications have been published within this topic receiving 1015 citations.
Papers published on a yearly basis
Papers
TL;DR: The right of the child to be heard is an article of the Convention on the Rights of the Child as discussed by the authors, which most clearly expresses the concept of child underlying the entire Convention In the legal history of the convention the substance of this article evolved in close connection with the article on the child's best interests Based on article 12 manifold practices have been developed, now often are summarized under the heading of participation.
Abstract: The right of the child to be heard is an article of the Convention on the Rights of the Child, which most clearly expresses the concept of the child underlying the entire Convention In the legal history of the Convention the substance of this article evolved in close connection with the article on the child's best interests Based on article 12 manifold practices have been developed, now often are summarized under the heading of participation – a term not used in the Convention These practices operationalize the article to an extent that questions are raised, in which way the broadly applied procedures can be understood as covered by the article It is crucial that children are only heard, but their views are given weight
82 citations
TL;DR: By favouring protection over the empowerment of children, the Regulation risks limiting children in their online opportunities, and by relying on the average child criteria, it fails to consider the evolving capacities and best interests of the child.
Abstract: The new European Union (EU) General Data Protection Regulation aims to adapt children’s right to privacy to the ‘digital age’. It explicitly recognizes that children deserve specific protection of their personal data, and introduces additional rights and safeguards for children. This article explores the dilemmas that the introduction of the child-tailored online privacy protection regime creates – the ‘empowerment versus protection’ and the ‘individualized versus average child’ dilemmas. It concludes that by favouring protection over the empowerment of children, the Regulation risks limiting children in their online opportunities, and by relying on the average child criteria, it fails to consider the evolving capacities and best interests of the child.
71 citations
TL;DR: This paper examined the Committee's use of "evolving capacities" in its General Comments and concluded that the term has been treated as an enabling principle, an interpretative principle, and a policy principle within the uncrc.
Abstract: The phrase “evolving capacities of the child” appears twice in the uncrc, under articles 5 and 14(2) in the framework of parental guidance. Yet the term “evolving capacities” appears over 80 times in the General Comments of the crc Committee. This paper examines the Committee’s use of “evolving capacities” in its General Comments, suggesting that the term has been treated as an enabling principle, an interpretative principle, and a policy principle within the framework of the uncrc. A broad principle of evolving capacities has thus emerged under the uncrc that informs not only the framework of parental guidance, but the whole of the Convention. However, the crc Committee does not recognise “evolving capacities” as a general principle or otherwise under the uncrc. This paper examines why this might be, and concludes that more consideration needs to be given to the role of “evolving capacities” as a principle under the uncrc.
54 citations
TL;DR: The specific duties of government and health service providers to implement adolescent rights regarding their reproductive and sexual health needs are examined.
46 citations
Book•
1 Jan 2014
TL;DR: Ben-Arieh and Stoecklin this paper discussed the relationship between children's rights and the capability approach from a life cycle perspective and discussed the challenges in changing paradigms and practices for children's and adolescents' rights in Brazil and Mexico.
Abstract: Foreword - Asher Ben-Arieh.- Introduction - Daniel Stoecklin & Jean-Michel Bonvin.- Chapter 1 Transforming Children's Rights into Real Freedom: A Dialogue between Children's Rights and the Capability Approach from a Life Cycle Perspective - Mario Biggeri & Ravi Karkara.- Chapter 2 Observing Children's Capabilities as Agency - Claudio Baraldi & Vittorio Iervese.- Chapter 3 From Evolving Capacities to Evolving Capabilities: Contextualising Children's Rights - Manfred Liebel.- Chapter 4 Reconstructing children's concepts: Some theoretical ideas and empirical findings on education and the good life - Sabine Andresen & Katharina Gerarts.- Chapter 5 Children's Councils implementation: a path toward recognition? - Dominique Golay & Dominique Malatesta.- Chapter 6 Cross-fertilizing children's rights and the capability approach. The example of the right to be heard in organized leisure - Daniel Stoecklin & Jean-Michel Bonvin.- Chapter 7 The theoretical orthodoxy of children's and youth agency and its contradictions: moving from normative thresholds to a situated assessment of children's and youth - Stephan Dahmen.- Chapter 8 Children's rights and the capability approach: Discussing children's agency against the horizon of the institutionalised youth land - Didier Reynaert & Rudi Roose.- Chapter 9The Participation of Children in Care in the Assessment Process - Pierrine Robin.- Chapter 10 The UN Children's Rights Convention and the Capabilities Approach - Family duties and children's rights in tension - Zoe Clark & Holger Ziegler.- Chapter 11 Children's rights between normative and empirical realms - Karl Hanson, Michele Poretti & Frederic Darbellay.- Chapter 12 Growing up in contexts of vulnerability: the challenges in changing paradigms and practices for children's and adolescents' rights in Brazil and Mexico - Irene Rizzini & Danielle Strickland.- Conclusion - Daniel Stoecklin & Jean-Michel Bonvin.
45 citations
Related Topics (5)
Performance Metrics
| Year | Papers |
|---|---|
| 2021 | 1 |
| 2020 | 7 |
| 2019 | 4 |
| 2018 | 2 |
| 2017 | 2 |
| 2016 | 9 |