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responsibility entrusted to the parents also constitutes a parental right that the State
must respect and protect. Article 14, paragraph 2, of the Convention further
specifies that general understanding by enshrining due respect for the rights and
duties of the parents “to provide direction to the child in the exercise of his or her
right” to freedom of religion or belief.
3.
Due respect for the “evolving capacities of the child”
23. The status of each individual child as a rights holder and his or her reliance on
support usually provided by the family must be seen in conjunction. On the one
hand, the rights of the child can never flourish without an enabling environment. On
the other hand, the need of the child for an enabling environment must not lead to
the wrong conclusion that parents or other family members can simply override,
ignore or marginalize the rights of the child. The status of the child as rights holder
must always be respected and should, inter alia, be reflected in the manner in which
parents provide guidance and direction to the child. The decisive term employed in
the Convention on the Rights of the Child is “the evolving capacities of the child”. 2
24. Article 5 of the Convention, which is central for the understanding of the
entire Convention, defines the complex and dynamic relationship between the rights
of the child and parental rights and duties as follows: “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.”
25. Adequate consideration of “the evolving capacities of the child” presupposes
that the child, once capable of forming personal views, can express such views
freely, with a chance of being heard and taken seriously. Article 12, paragraph 1, of
the Convention confirms that right, while furthermore requiring that the views of
the child be “given due weight in accordance with the age and maturity of the
child”. Thus, the child should in the course of time assume a more and more active
position in the exercise of his or her rights.
26. Article 14 of the Convention reflects and further specifies the general
understanding of the dynamic interrelatedness of the rights of the child and his or
her parents. While paragraph 1 confirms the status of the child as a rights holder as
regards freedom of thought, conscience and religion, paragraph 2 demands respect
for “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 a manner
consistent with the evolving capacities of the child ”. That wording bears a striking
resemblance to article 5 of the Convention. In fact, article 14, paragraph 2, is the
only provision in the Convention that reiterates the importance of the evolving
capacities of the child. It means that the child should always be respe cted, including
within the family, as having the gradually evolving capacities of forming his or her
own thoughts, ideas and religious or belief-related convictions and taking his or her
own decisions in that area. In article 14, paragraph 3, the limitatio n clause already
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2
15-12514
See also United Nations Children’s Fund, “The evolving capacities of the child” (2005).
Available from www.unicef-irc.org/publications/384.
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