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child abuse or neglect proceedings. The courts must provide for the best interests of the
child to be considered in all such situations and decisions, whether of a procedural or
substantive nature, and must demonstrate that they have effectively done so.
(c)
“administrative authorities”
30.
The Committee emphasizes that the scope of decisions made by administrative
authorities at all levels is very broad, covering decisions concerning education, care, health,
the environment, living conditions, protection, asylum, immigration, access to nationality,
among others. Individual decisions taken by administrative authorities in these areas must
be assessed and guided by the best interests of the child, as for all implementation
measures.
(d)
“legislative bodies”
31.
The extension of States parties’ obligation to their “legislative bodies” shows clearly
that article 3, paragraph 1, relates to children in general, not only to children as individuals.
The adoption of any law or regulation as well as collective agreements – such as bilateral or
multilateral trade or peace treaties which affect children – should be governed by the best
interests of the child. The right of the child to have his or her best interests assessed and
taken as a primary consideration should be explicitly included in all relevant legislation, not
only in laws that specifically concern children. This obligation extends also to the approval
of budgets, the preparation and development of which require the adoption of a bestinterests-of-the-child perspective for it to be child-rights sensitive.
3.
“The best interests of the child”
32.
The concept of the child's best interests is complex and its content must be
determined on a case-by-case basis. It is through the interpretation and implementation of
article 3, paragraph 1, in line with the other provisions of the Convention, that the
legislator, judge, administrative, social or educational authority will be able to clarify the
concept and make concrete use thereof. Accordingly, the concept of the child’s best
interests is flexible and adaptable. It should be adjusted and defined on an individual basis,
according to the specific situation of the child or children concerned, taking into
consideration their personal context, situation and needs. For individual decisions, the
child's best interests must be assessed and determined in light of the specific circumstances
of the particular child. For collective decisions – such as by the legislator –, the best
interests of children in general must be assessed and determined in light of the
circumstances of the particular group and/or children in general. In both cases, assessment
and determination should be carried out with full respect for the rights contained in the
Convention and its Optional Protocols.
33.
The child's best interests shall be applied to all matters concerning the child or
children, and taken into account to resolve any possible conflicts among the rights
enshrined in the Convention or other human rights treaties. Attention must be placed on
identifying possible solutions which are in the child's best interests. This implies that States
are under the obligation to clarify the best interests of all children, including those in
vulnerable situations, when adopting implementation measures.
34.
The flexibility of the concept of the child’s best interests allows it to be responsive
to the situation of individual children and to evolve knowledge about child development.
However, it may also leave room for manipulation; the concept of the child’s best interests
has been abused by Governments and other State authorities to justify racist policies, for
example; by parents to defend their own interests in custody disputes; by professionals who
could not be bothered, and who dismiss the assessment of the child’s best interests as
irrelevant or unimportant.
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