The Best Interests of the Child Principle: Literal Analysis and Function

Jean Zermatten

The International Journal of Children s Rights · 2010 · 87 citations · 0 references

Concepts

TL;DR

The Best Interests of the Child principle, introduced by the UN Convention on the Rights of the Child, is a foundational contemporary legal concept identified as one of the Convention's four general principles, despite limited historical precedent. The paper aims to contribute to the interpretive dialogue by offering a conceptual and literal analysis of the principle and its relation to other Convention articles. The authors analyze the principle’s political dimensions and practical implementation at the national level. The principle’s content and functionality have been thoroughly studied and elaborated in academic and jurisprudential contexts.

Abstract

Abstract The Best Interests of the Child principle is an innovative concept introduced by the United Nations Convention on the Rights of the Child. It serves as a foundational element of the Convention and has been identified by the Committee on the Rights of the Child as one of the Convention's four general principles. Despite limited historical references to this idea in the late 19th and early 20th centuries, this is a distinctly contemporary legal concept. As a result, its content and functionality has been the subject of thorough academic study as well as systematic examination and elaboration in jurisprudential settings. The paper makes a significant contribution to this interpretive dialogue by providing a conceptual and literal analysis of the principle, including as it relates to other articles of the Convention. The political dimensions of the principle are also considered with a view to its practical implementation at the national level.