CRC/C/GC/7/Rev.1
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16.
Parents/primary caregivers and children’s best interests. The responsibility vested in
parents and other primary caregivers is linked to the requirement that they act in children’s best
interests. Article 5 states that parents’ role is to offer appropriate direction and guidance in “the
exercise by the child of the rights in the … Convention”. This applies equally to younger as to
older children. Babies and infants are entirely dependent on others, but they are not passive
recipients of care, direction and guidance. They are active social agents, who seek protection,
nurturance and understanding from parents or other caregivers, which they require for their
survival, growth and well-being. Newborn babies are able to recognize their parents (or other
caregivers) very soon after birth, and they engage actively in non-verbal communication. Under
normal circumstances, young children form strong mutual attachments with their parents or
primary caregivers. These relationships offer children physical and emotional security, as well
as consistent care and attention. Through these relationships children construct a personal
identity and acquire culturally valued skills, knowledge and behaviours. In these ways, parents
(and other caregivers) are normally the major conduit through which young children are able to
realize their rights.
17.
Evolving capacities as an enabling principle. Article 5 draws on the concept of
“evolving capacities” to refer to processes of maturation and learning whereby children
progressively acquire knowledge, competencies and understanding, including acquiring
understanding about their rights and about how they can best be realized. Respecting young
children’s evolving capacities is crucial for the realization of their rights, and especially
significant during early childhood, because of the rapid transformations in children’s physical,
cognitive, social and emotional functioning, from earliest infancy to the beginnings of schooling.
Article 5 contains the principle that parents (and others) have the responsibility to continually
adjust the levels of support and guidance they offer to a child. These adjustments take account
of a child’s interests and wishes as well as the child’s capacities for autonomous
decision-making and comprehension of his or her best interests. While a young child generally
requires more guidance than an older child, it is important to take account of individual
variations in the capacities of children of the same age and of their ways of reacting to situations.
Evolving capacities should be seen as a positive and enabling process, not an excuse for
authoritarian practices that restrict children’s autonomy and self-expression and which have
traditionally been justified by pointing to children’s relative immaturity and their need for
socialization. Parents (and others) should be encouraged to offer “direction and guidance” in a
child-centred way, through dialogue and example, in ways that enhance young children’s
capacities to exercise their rights, including their right to participation (art. 12) and their right to
freedom of thought, conscience and religion (art. 14).1
Respecting parental roles. Article 18 of the Convention reaffirms that parents or legal
18.
guardians have the primary responsibility for promoting children’s development and well-being,
with the child’s best interests as their basic concern (arts. 18.1 and 27.2). States parties should
respect the primacy of parents, mothers and fathers. This includes the obligation not to separate
children from their parents, unless it is in the child’s best interests (art. 9). Young children are
especially vulnerable to adverse consequences of separations because of their physical
dependence on and emotional attachment to their parents/primary caregivers. They are also less
able to comprehend the circumstances of any separation. Situations which are most likely to