Chapter

Time to Grow Up: The UN Committee on the Rights of the Child's Jurisprudence of the Right to Development

Noam Peleg

in Law and Childhood Studies

Published in print March 2012 | ISBN: 9780199652501
Published online May 2012 | e-ISBN: 9780191739217 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199652501.003.0022

Series: Current Legal Issues

Time to Grow Up: The UN Committee on the Rights of the Child's Jurisprudence of the Right to Development

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This chapter asks how the UN Committee on the Rights of the Child understands the meaning of the right to development of children. It begins by briefly presenting two conceptions of childhood — children as ‘becoming’ and children as ‘being’. It argues that, although a apparent paradigm shift in conceptualizing ‘childhood’ took place during the 1970s and 1980s, moving from the former to the latter concept, there is a doubt whether the Convention and the Committee reflect this shift. Using this presumption, the chapter analyses the Committee's jurisprudence of the right to development of children. It argues that the Committee's interpretation results in the Committee being entrenched within a conception of children as ‘becoming’ human beings and therefore it is mostly vague, lacks meaningful content, and undermines children's agency.

Keywords: right to development; children's rights; childhood; becoming; being

Chapter.  11325 words. 

Subjects: Family Law

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