The Evolving capacities of the child

For the first time in an international human rights treaty, the Convention on the Rights of the Child introduces the concept of the ‘evolving capacities’ of the child. Article 5 of the Convention states that direction and guidance, provided by parents or others with responsibility for the child, must take into account the capacities of the child to exercise rights on his or her own behalf. This principle – new in international law – has profound implications for the human rights of the child. It establishes that as children acquire enhanced competencies, there is a reduced need for direction and a greater capacity to take responsibility for decisions affecting their lives.