CRC/C/GC/14
5.
The full application of the concept of the child's best interests requires the
development of a rights-based approach, engaging all actors, to secure the holistic physical,
psychological, moral and spiritual integrity of the child and promote his or her human
dignity.
6.
The Committee underlines that the child's best interests is a threefold concept:
(a)
A substantive right: The right of the child to have his or her best interests
assessed and taken as a primary consideration when different interests are being considered
in order to reach a decision on the issue at stake, and the guarantee that this right will be
implemented whenever a decision is to be made concerning a child, a group of identified or
unidentified children or children in general. Article 3, paragraph 1, creates an intrinsic
obligation for States, is directly applicable (self-executing) and can be invoked before a
court.
(b)
A fundamental, interpretative legal principle: If a legal provision is open to
more than one interpretation, the interpretation which most effectively serves the child’s
best interests should be chosen. The rights enshrined in the Convention and its Optional
Protocols provide the framework for interpretation.
(c)
A rule of procedure: Whenever a decision is to be made that will affect a
specific child, an identified group of children or children in general, the decision-making
process must include an evaluation of the possible impact (positive or negative) of the
decision on the child or children concerned. Assessing and determining the best interests of
the child require procedural guarantees. Furthermore, the justification of a decision must
show that the right has been explicitly taken into account. In this regard, States parties shall
explain how the right has been respected in the decision, that is, what has been considered
to be in the child’s best interests; what criteria it is based on; and how the child’s interests
have been weighed against other considerations, be they broad issues of policy or
individual cases.
7.
In the present general comment, the expression “the child’s best interests” or “the
best interests of the child” covers the three dimensions developed above.
B.
Structure
8.
The scope of the present general comment is limited to article 3, paragraph 1, of the
Convention and does not cover article 3, paragraph 2, which pertains to the well-being of
the child, nor article 3, paragraph 3, which concerns the obligation of States parties to
ensure that institutions, services and facilities for children comply with the established
standards, and that mechanisms are in place to ensure that the standards are respected.
9.
The Committee states the objectives (chapter II) of the present general comment and
presents the nature and scope of the obligation of States parties (chapter III). It also
provides a legal analysis of article 3, paragraph 1 (chapter IV), showing the links to other
general principles of the Convention. Chapter V is dedicated to the implementation, in
practice, of the principle of best interests of the child, while chapter VI provides guidelines
on disseminating the general comment.
II.
Objectives
10.
The present general comment seeks to ensure the application of and respect for the
best interests of the child by the States parties to the Convention. It defines the
requirements for due consideration, especially in judicial and administrative decisions as
well as in other actions concerning the child as an individual, and at all stages of the
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