ScholarWorks@숙명여자대학교

초록

Objectives: This study aims to coordinate the differences between the principles of respect for the views of the child(RVP) and the best interests of the child(BIP) of the Convention on the Rights of the Child as they may diverge. Methods: This study attempts: (1) to examine choice theory and interest theory from which normative orientations of these principles are respectively drawn; (2) to enhance a balance between them by deploying the notion of the child’s ‘right to an open future’ and the child’s ‘evolving capacities’; and (3) to present ways to develop these capacities. Results: The RVP, based on choice theory, is to respect the autonomous choice of the child in the decision-making process. The BIP, based on interest theory, is to give primacy to the child’s wellbeing that could be pursued by adult intervention. Such division can be reconciled by the notion of the child’s right to an open future. At a practical level, this study concentrates on the evolving capacities by which children can acquire competences and develop them towards the full realization of their rights. Conclusions: This study is expected to contribute in promoting a valid way of interpretation and implementation of the child’s rights.

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