Summary

Article 3 (1) of the Convention on the Rights of the Child (CRC) states that in all actions or decisions concerning children, whether undertaken by public or private social welfare institutions, the best interests of the child shall be a primary consideration. The Committee on the Rights of the Child has declared the principle of setting the best interests of the child as a primary consideration as one of the four main principles of the CRC, having relevance in interpreting and implementing all other rights of the child. The principle shall be applied to all decisions that concern a child or children.

Setting the best interests of the child as a primary consideration is a general principle and does not establish specific guidelines or standards for situations that may occur. The Committee has the right to open this principle more clearly in the future and provide guidelines to the member countries. At the same time, given the scope and multi-layered nature of this principle, providing guidelines that could be implemented at all times is extremely complicated. The system of individual complaints provides the Committee an additional opportunity for establishing clearer guidelines, but it may not lead to sufficiently detailed standards either. At the same time, the strength of the concept of the best interests of the child lies in flexibility, enabling it to be adjusted in accordance with the improved knowledge of the development of the child.

The article furnishes the concept of the best interests of the child; explains how to find the right balance in situations in which there is a conflict of interest between the child and other persons; and addresses the implementation of the principle of prioritizing the best interests of the child on different levels: the state, local government, public and private law agencies, at the specialist level, and within families.