CRC/C/GC/14
adoption of laws, policies, strategies, programmes, plans, budgets, legislative and budgetary
initiatives and guidelines – that is, all implementation measures – concerning children in
general or as a specific group. The Committee expects that this general comment will guide
decisions by all those concerned with children, including parents and caregivers.
11.
The best interests of the child is a dynamic concept that encompasses various issues
which are continuously evolving. The present general comment provides a framework for
assessing and determining the child’s best interests; it does not attempt to prescribe what is
best for the child in any given situation at any point in time.
12.
The main objective of this general comment is to strengthen the understanding and
application of the right of children to have their best interests assessed and taken as a
primary consideration or, in some cases, the paramount consideration (see paragraph 38
below). Its overall objective is to promote a real change in attitudes leading to the full
respect of children as rights holders. More specifically, this has implications for:
(a)
The elaboration of all implementation measures taken by governments;
(b)
Individual decisions made by judicial or administrative authorities or public
entities through their agents that concern one or more identified children;
(c)
Decisions made by civil society entities and the private sector, including
profit and non-profit organizations, which provide services concerning or impacting on
children;
(d)
Guidelines for actions undertaken by persons working with and for children,
including parents and caregivers.
III.
Nature and scope of the obligations of States parties
13.
Each State party must respect and implement the right of the child to have his or her
best interests assessed and taken as a primary consideration, and is under the obligation to
take all necessary, deliberate and concrete measures for the full implementation of this
right.
14.
Article 3, paragraph 1, establishes a framework with three different types of
obligations for States parties:
(a)
The obligation to ensure that the child's best interests are appropriately
integrated and consistently applied in every action taken by a public institution, especially
in all implementation measures, administrative and judicial proceedings which directly or
indirectly impact on children;
(b)
The obligation to ensure that all judicial and administrative decisions as well
as policies and legislation concerning children demonstrate that the child's best interests
have been a primary consideration. This includes describing how the best interests have
been examined and assessed, and what weight has been ascribed to them in the decision.
(c)
The obligation to ensure that the interests of the child have been assessed and
taken as a primary consideration in decisions and actions taken by the private sector,
including those providing services, or any other private entity or institution making
decisions that concern or impact on a child.
15.
To ensure compliance, States parties should undertake a number of implementation
measures in accordance with articles 4, 42 and 44, paragraph 6, of the Convention, and
ensure that the best interests of the child are a primary consideration in all actions,
including:
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