CRC/C/GC/20
and services, rather than a commitment to building optimum environments to guarantee the
rights of adolescents and support the development of their physical, psychological, spiritual,
social, emotional, cognitive, cultural and economic capacities.
16.
States, together with non-State actors, through dialogue and engagement with
adolescents themselves, should promote environments that acknowledge the intrinsic value
of adolescence and introduce measures to help them to thrive, explore their emerging
identities, beliefs, sexualities and opportunities, balance risk and safety, build capacity for
making free, informed and positive decisions and life choices, and successfully navigate the
transition into adulthood. An approach is required that builds on strengths and recognizes
the contribution that adolescents can bring to their lives and those of others, while
addressing the barriers that inhibit those opportunities.
17.
Factors known to promote the resilience and healthy development of adolescents
include: (a) strong relationships with and support from the key adults in their lives; (b)
opportunities for participation and decision-making; (c) problem-solving and coping skills;
(d) safe and healthy local environments; (e) respect for individuality; and (f) opportunities
for building and sustaining friendships. The Committee emphasizes that opportunities for
adolescents to build and benefit from such social assets will enhance their capacities to
contribute to the realization of their rights, including by maintaining good physical and
mental health, avoiding risky behaviour, recovering from adversity, succeeding in school,
showing tolerance, creating friendships and exercising leadership.
Respect for evolving capacities
18.
Article 5 of the Convention requires that parental direction and guidance be
provided in a manner consistent with the evolving capacities of the child. The Committee
defines evolving capacities as an enabling principle that addresses the process of maturation
and learning through which children progressively acquire competencies, understanding 3
and increasing levels of agency to take responsibility and exercise their rights. The
Committee has argued that the more a child knows and understands, the more his or her
parents will have to transform direction and guidance into reminders and gradually to an
exchange on an equal footing.4
19.
The Committee emphasizes that the right to exercise increasing levels of
responsibility does not obviate States’ obligations to guarantee protection. 5 Gradual
emergence from the protection of the family or another care environment, together with
relative inexperience and lack of power, can render adolescents vulnerable to violations of
their rights. The Committee stresses that engaging adolescents in the identification of
potential risks and the development and implementation of programmes to mitigate them
will lead to more effective protection. By being guaranteed the right to be heard, to
challenge rights violations and to seek redress, adolescents are enabled to exercise agency
progressively in their own protection.
20.
In seeking to provide an appropriate balance between respect for the evolving
capacities of adolescents and appropriate levels of protection, consideration should be given
to a range of factors affecting decision-making, including the level of risk involved, the
potential for exploitation, understanding of adolescent development, recognition that
competence and understanding do not necessarily develop equally across all fields at the
same pace and recognition of individual experience and capacity.
3
4
5
6
Ibid., para. 17.
See general comment No. 12 (2009) on the right of the child to be heard, para. 84.
See, e.g., articles 32-39 of the Convention.