Assessing Children’s Capacity: Reconceptualising our Understanding through the UN Convention on the Rights of the Child

Daly, Aoife

doi:10.2139/ssrn.3995591

Cited by 5 publications

(11 citation statements)

References 25 publications

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“…An embedded children's rights-based approach supported the best interests of children throughout the article and provided the theoretical underpinnings within the literature search. As outlined in Daly's (2020) critical work, capacity should be understood and considered through a process that is 'explicitly rights-based ' (p. 472). This research aimed to ensure that the findings would be informed by relevant literary evidence (specifically from child development and legal perspectives), and additionally, the outcomes of the research would further the actualization of children's rights (Collins 2016;Lundy and McEvoy 2009).…”

Section: Approach To Defining and Exploring The Notion Of Capacity: M...mentioning

confidence: 99%

“…This case was fundamental to the modern understanding of how law can include considerations of the capacities of children and has had a massive influence on efforts to establish what this may look like in practice. Gillick has also evolved to a standard for questions regarding children's capacity across various legal proceedings such as family law proceedings (Daly 2020). Though the Gillick standard is one that aims to hold children as capable agents within their own lives, there is still a lack of consistency regarding the application (Daly 2020).…”

Section: Capacity From a Legal Perspectivementioning

confidence: 99%

“…Gillick has also evolved to a standard for questions regarding children's capacity across various legal proceedings such as family law proceedings (Daly 2020). Though the Gillick standard is one that aims to hold children as capable agents within their own lives, there is still a lack of consistency regarding the application (Daly 2020). This is apparent in all areas in which the Gillick competence may be assessed, such as medical, legal, or relating to child protection.…”

Section: Capacity From a Legal Perspectivementioning

confidence: 99%

“…As Daly (2020) maintains, the understanding of the construction of childhood has allowed for children's ability to practice agency in their own lives to be underestimated. Alderson and Montgomery (1996) note that one of the most prominent hindrances to children's capacity stems from prejudices and embedded ideologies regarding the assumed incompetence of children (as cited in Daly 2020).…”

Section: Capacity From a Developmental Psychology Perspectivementioning

confidence: 99%

“…As Tisdall (2018) notes when the term capacity arises in literature, it is often left "undefined" and "unexpanded". This ambiguity is an issue for any jurisdiction that either implicitly or explicitly depends on a determination of capacity in family law proceedings (Daly 2020).…”

Section: Introductionmentioning

confidence: 99%

See 4 more Smart Citations

The Complex Notion of the Capacity of a Child: Exploring the Term Capacity to Support the Meaningful Participation of Children in Family Law Proceedings

2022

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This article aims to explore the concept of capacity as necessitated by provisions within the UNCRC such as articles 12 and 5, which emphasize participation, and the evolving capacities of children. In family law proceedings when children are involved, age and capacity are considered in order to assess if the meaningful participation of that child is accessible. There is limited literature to indicate how the capacity of a child is determined, especially for children who are younger than twelve. Rather than relying on age to gauge capacity levels, this paper provides a unique, interdisciplinary evaluation of capacity through a combination of both legal and child development perspectives. This article aims to use a critical lens and rights-based approach to analyze the current literature regarding the capacities of children and proposes that a deeper understanding of what capacity entails is required in order to ensure the meaningful participation of children.

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Section: Approach To Defining and Exploring The Notion Of Capacity: M...mentioning

confidence: 99%

Section: Capacity From a Legal Perspectivementioning

confidence: 99%

Section: Capacity From a Legal Perspectivementioning

confidence: 99%

Section: Capacity From a Developmental Psychology Perspectivementioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 3 more Smart Citations

The Complex Notion of the Capacity of a Child: Exploring the Term Capacity to Support the Meaningful Participation of Children in Family Law Proceedings

2022

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The proxy dilemma: Informed consent in paediatric clinical research ‐ a case study of Thailand

Varadan¹,

Sirinam²,

Limkittikul³

et al. 2022

Developing World Bioethics

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Informed consent is an essential requirement for the ethical conduct of research. It is also a necessary requirement for the lawful conduct of research. Informed consent provides a legal basis to enrol human subjects in clinical research. In paediatric research, where children do not generally enjoy a presumption of competence, a legal representative must authorise a child's enrolment. Determining who should act on behalf of the child is a matter of law, rather than ethical principle. But, if national laws are lacking or do not reflect socio-cultural realities, legal uncertainty can arise, which can have implications for children's enrolment in clinical research. Using Thailand as its case study, this paper contemplates how international legal frameworks, such as the UN Convention on the Rights of the Child, could be leveraged to navigate legal uncertainty in the informed consent process, enabling more children to access and participate in paediatric clinical research.

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Creation of child-patient’s autonomy in a child-parent-doctor relationship: Medical doctors’ perspectives

Paron

Kutsar

2023

Childhood

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The present study is part of a larger research that analyses children’s autonomy in healthcare settings from the perspective of doctors, children and their parents. Based on responses of 52 medical doctors in Estonia, this paper explores doctor’s perspectives on how children’s autonomy is exercised in a child-parent-doctor triangle and how patient’s duality affects this process. The article combines relational theories of agency from childhood studies with the concept of children’s autonomy applied in children’s rights studies.

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Assessing Children’s Capacity: Reconceptualising our Understanding through the UN Convention on the Rights of the Child

Cited by 5 publications

References 25 publications

The Complex Notion of the Capacity of a Child: Exploring the Term Capacity to Support the Meaningful Participation of Children in Family Law Proceedings

The Complex Notion of the Capacity of a Child: Exploring the Term Capacity to Support the Meaningful Participation of Children in Family Law Proceedings

The proxy dilemma: Informed consent in paediatric clinical research ‐ a case study of Thailand

Creation of child-patient’s autonomy in a child-parent-doctor relationship: Medical doctors’ perspectives

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