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84 Nordic J. Int'l L. 155 (2015)
Understanding Children's Rights: A Vision beyond Vulnerability

handle is hein.journals/nordic84 and id is 161 raw text is: NORDIC JOURNAL OF INTERNATIONAL LAW NOURAC MERNA1XONAL BRILL 84 (2015) 155-182 LAW NIJHOFF brilLcom/nord Understanding Children's Rights: A Vision beyond Vulnerability John Tobin Melbourne Law School, University of Melbourne, Australia j.tobin@unimelb.edumau Abstract The idea of children's vulnerability played a critical role in motivating the adoption of the UN Convention on the Rights of a Child, but should vulnerability provide the basis for special human rights for children? Are children especially vulnerable relative to adults? This article seeks to explore the idea of children's vulnerability in understand- ing the concept of children's rights. It argues that vulnerability is not a condition pecu- liar to children. At the same time it recognizes that children experience special vulnerabilities relative to adults. It is these vulnerabilities that provide a justification for the special rights accorded to them under the Convention. The characterisation of children as vulnerable carries the risk that they will be defined by their vulnerabilities. To address the unintended consequences of a vulnerability paradigm, there is a need to expand the conception of children in a way that recognises their evolving capacities and right to participation. Keywords children's rights - vulnerability - international law - UN Convention on the Rights of the Child Special thanks for the thoughtful and constructive feedback on earlier drafts of this article from members of the Child Rights Reading Group at Queens University Belfast, especially Michelle Templeton and Harry Shier. All errors remain my own. Thanks also to Florence Seow for her research assistance with this article, funding for which has been provided by the ARC12oo4 Discovery Grant DP 'Children's Rights: From Theory to Practice'. @ KONINKLIJKE BRILL NV, LEIDEN, 2015 1 DOI 10.1163/15718107-08402002

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