Care as a Prerequisite for the Realisation of Rights
Year: 2024
Type: article
Abstract: Care is both a fundamental right for children, and central for a holistic realisation of other rights in the UN Convention on the Rights of the Child. Children have a right to care as is necessary for his or her “well-being”. Therefore, an analysis of the right to care, requires an understanding of the term well-being. In jurisprudence, well-being is underexamined. Nonetheless, there are several legal theories that are connected or relevant to care and well-being. Nevertheless, children’s rights are not based on one single theoretical fundament. In this article, we examine the right to care by exploring the role of well-being and three legal theories: vulnerability theory; care theory; and the capability approach.
Authors: Marie Lindsjørn Nordvik, Mona Martnes
Institution: UiT The Arctic University of Norway
Language: English
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W4403792956