The principle of evolving capacities under the UN convention on the rights of the child

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.