Our website uses Cookies - by using this site or closing this message you're agreeing to our Terms & Conditions, Cookie Policy and Privacy Policy
xInformed
1) What are evolving capacities?
The Children and Young People's Commissioner Scotland
This webpage explains the term evolving capacities and links to UNCRC Articles 5 and 12.
Scottish Government
Section 3 of this document provides an explanation of evolving capacity.
UN Committee on the Rights of the Child
A definition and explanation of evolving capacities is provided in paragraphs 18 – 20 of this general comment. You can find this on page 6 in section 4 on ‘General principles of the Convention’, under the sub-heading ‘Respect for evolving capacities’.
Skilled
UN Committee on the Rights of the Child
A four page pdf with a statement of the Committee on the Rights of the Child on Article 5 of the UNCRC. Useful for individuals trying to understand evolving capacities and Article 5 in more detail.
2) Case Study - The Voice of the Child: A Reflective Guide for the Arts
Together (Scottish Alliance for Children's Rights), Starcatchers
A one page pdf case study detailing the work of Starcatchers research project exploring children's rights approaches in the arts for infants. Useful for individuals working in the early years.
3) The Role of Arts and Creative Experiences Within an Early Years Rights Context
Starcatchers
A seven page pdf from Starcatchers detailing the role of arts and creative experiences within an early years rights context, including case studies. Useful for workers in the early years.
4) Rights-Based Practice in Early Years - Cowgate Under 5's
Children's Parliament
A six minute video with examples of how a children's human rights approach can support children’s autonomy and independence in an early years setting. It demonstrates how to respect very young children’s evolving capacity. Taking time and not applying adults’ assumptions can help children to regulate themselves, make decisions and learn.
5) Rights Based Practice in Early Years - FossoPLAY Nursery
Children's Parliament
A seven minute video that demonstrates how very young children can be supported in decision making and upholding rights. It details children's rights practice in an early years setting at FossoPLAY Nursery and demonstrates how to respect very young children’s evolving capacity. Useful for people working with very young children.
Enhanced
1) General Comment No.7 (2005) Implementing child rights in early childhood
UN Committee on the Rights of the Child
Provides useful information about the rights of the child in early childhood. When a child is younger, they may need more protection, as they may be more likely to make choices without considering or understanding the consequences.
2) General Comment No.20 (2016) on the implementation of the rights of the child during adolescence
UN Committee on the Rights of the Child
Provides useful information about the rights of the child in during adolescence. As a child develops into adolescence, the parents or other persons legally responsible for the child, need to fulfil with care their obligation to provide appropriate direction and guidance in accordance with the evolving capacities of the child.
This is a Scottish Government-funded project. This webpage, and the linked resources within it have not been produced by the Scottish Government and so the Scottish Government cannot guarantee their quality or accuracy. Nothing on this webpage and in its linked resources is intended to constitute legal advice. Readers should seek their own independent legal advice with respect to any legal matter.