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Citation

Kirk T (2024) Clarification of conceptual aspects of the UNCRC: Guiding Principles and Evolving Capacities - Written evidence. Scottish Government Consultation.

Abstract
First paragraph: This response will focus on the concept of evolving capacities. The current statutory guidance separates the guiding principles from the concept of evolving capacities risking underappreciation of their interconnectedness and key role in underpinning all rights in the United Nations Convention on the Rights of the Child (UNCRC). This paper outlines the interconnectedness of human rights, discusses the limitations of the guiding principles and emphasises the importance of considering evolving capacities for every right in the UNCRC. It highlights that evolving capacities as an enabling principle requires state parties to engage with the concept in various ways.