Care as a Prerequisite for the Realisation of Rights. An Analysis of Care and the Role of “Well-being” and Legal Theories

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.