CRC/C/GC/14
particularly evident for all implementation measures. The Committee4 underlines that the
child's best interests is conceived both as a collective and individual right, and that the
application of this right to indigenous children as a group requires consideration of how the
right relates to collective cultural rights.
24.
That is not to say that in a decision concerning an individual child, his or her
interests must be understood as being the same as those of children in general. Rather,
article 3, paragraph 1, implies that the best interests of a child must be assessed
individually. Procedures for establishing the best interests of children individually and as a
group can be found in chapter V below.
2.
“By public or private social welfare institutions, courts of law, administrative
authorities or legislative bodies”
25.
The obligation of the States to duly consider the child's best interests is a
comprehensive obligation encompassing all public and private social welfare institutions,
courts of law, administrative authorities and legislative bodies involving or concerning
children. Although parents are not explicitly mentioned in article 3, paragraph 1, the best
interests of the child “will be their basic concern” (art. 18, para. 1).
(a)
“public or private social welfare institutions”
26.
These terms should not be narrowly construed or limited to social institutions stricto
sensu, but should be understood to mean all institutions whose work and decisions impact
on children and the realization of their rights. Such institutions include not only those
related to economic, social and cultural rights (e.g. care, health, environment, education,
business, leisure and play, etc.), but also institutions dealing with civil rights and freedoms
(e.g. birth registration, protection against violence in all settings, etc.). Private social
welfare institutions include private sector organizations – either for-profit or non-profit –
which play a role in the provision of services that are critical to children’s enjoyment of
their rights, and which act on behalf of or alongside Government services as an alternative.
(b)
“courts of law”
27.
The Committee underlines that “courts” refer to all judicial proceedings, in all
instances – whether staffed by professional judges or lay persons – and all relevant
procedures concerning children, without restriction. This includes conciliation, mediation
and arbitration processes.
28.
In criminal cases, the best interests principle applies to children in conflict (i.e.
alleged, accused or recognized as having infringed) or in contact (as victims or witnesses)
with the law, as well as children affected by the situation of their parents in conflict with
the law. The Committee5 underlines that protecting the child's best interests means that the
traditional objectives of criminal justice, such as repression or retribution, must give way to
rehabilitation and restorative justice objectives, when dealing with child offenders.
29.
In civil cases, the child may be defending his or her interests directly or through a
representative, in the case of paternity, child abuse or neglect, family reunification,
accommodation, etc. The child may be affected by the trial, for example in procedures
concerning adoption or divorce, decisions regarding custody, residence, contact or other
issues which have an important impact on the life and development of the child, as well as
4
5
8
General comment No.11 (2009) on indigenous children and their rights under the Convention, para.
30.
General comment No. 10 (2007) on children’s rights in juvenile justice, para. 10.