The Principle of the Best Interests of the Child

Introduction

The principle of the best interests of the child stands as the cornerstone of international child rights law and the foundation upon which child protection systems are built. It is both a legal mandate and an ethical imperative, requiring that in every decision, action, policy, or omission that affects a child, the child’s welfare, safety, dignity, and development must be placed at the forefront.

In contemporary societies, children interact daily with multiple systems; family, education, healthcare, justice, social welfare, religious institutions, and increasingly digital environments. The best interests of the child provides a unifying, legally binding framework that cuts across these systems, ensuring coherence, accountability, and child-centred outcomes.

Legal Foundations of the Best Interests Principle

1. The United Nations Convention on the Rights of the Child (CRC)

The principle is enshrined in Article 3(1) of the United Nations Convention on the Rights of the Child (CRC), which provides that:

“In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”

This provision establishes a binding obligation on States Parties and extends responsibility beyond government actors to include private institutions, schools, faith-based organisations, non-governmental organisations, and families. The breadth of Article 3(1) underscores that any entity exercising authority or influence over children is duty-bound to prioritise their best interests.

2. Authoritative Interpretation by the Committee on the Rights of the Child

In General Comment No. 14 (2013), the Committee on the Rights of the Child clarified the scope, content, and application of Article 3(1), emphasising that the best interests principle must be understood and applied as a threefold concept:

• A substantive right
• A fundamental, interpretative legal principle
• A rule of procedure

This interpretation elevates the principle from a general guideline to an enforceable legal standard with direct implications for law-making, adjudication, administration, and professional practice.

The Best Interests of the Child as a Substantive Right

As a substantive right, the best interests of the child impose a direct obligation on States to ensure that:

• The child’s best interests are assessed and determined in all actions affecting them
• Those interests are treated as a primary consideration when competing interests arise
• The right is justiciable, meaning it can be invoked before courts and decision-making bodies

This dimension recognises the best interests of the child as an independent right, not merely a policy consideration. It requires proactive action by States to create laws, institutions, and systems that prevent harm and promote the child’s holistic well-being.

Importantly, this right applies to each individual child, not children as a collective group. As such, it rejects blanket or one-size-fits-all approaches and demands case-by-case assessment that reflects each child’s circumstances, vulnerabilities, and needs.

The Best Interests of the Child as an Interpretative Legal Principle

As a fundamental, interpretative legal principle, the best interests of the child require that:

Where a legal provision is open to more than one interpretation, the interpretation that most effectively serves the child’s best interests must be adopted.

This ensures that:

• Laws are interpreted through a child-centred and rights-based lens
• Ambiguities are resolved in favour of protection, dignity, and development
• Children’s rights are not subordinated to administrative convenience, institutional reputation, or adult preferences

The interpretative role of the principle is closely linked to the four general principles of the CRC, namely:

• Non-discrimination (Article 2)
• The right to life, survival, and development (Article 6)
• Respect for the views of the child (Article 12)
• The best interests of the child (Article 3)

These principles are interdependent. The best interests of the child cannot be properly determined without ensuring non-discrimination, enabling participation, and promoting survival and development.

The Best Interests of the Child as a Rule of Procedure

As a rule of procedure, the principle requires that decision-making processes affecting children:

• Include a formal, structured assessment of how decisions may impact the child
• Consider all relevant factors, including safety, emotional well-being, physical health, identity, family environment, vulnerability, and long-term development
• Are transparent, reasoned, documented, and subject to review

Regional Reinforcement: The African Charter on the Rights and Welfare of the Child

The African Charter on the Rights and Welfare of the Child (ACRWC) reinforces and strengthens the best interests principle by establishing it as the primary consideration, rather than merely a primary consideration.

This higher threshold reflects the African context, where children often face layered risks arising from poverty, armed conflict, harmful cultural practices, weak social protection systems, and limited access to justice. By elevating the standard, the ACRWC places a stronger legal obligation on States, institutions, communities, and families to prioritise the welfare of the child above competing social, cultural, or economic interests.

The Best Interests Principle Across the CRC

The principle permeates multiple provisions of the CRC, demonstrating its universal application:

• Article 18(1): Parents or legal guardians must have the child’s best interests as their basic concern
• Article 9: Children must not be separated from their parents against their will unless such separation is necessary for the child’s best interests
• Article 21: The best interests of the child must be the primary consideration in adoption processes
• Article 37: Children deprived of liberty must be separated from adults unless this is against their best interests

These provisions confirm that the principle applies across family life, alternative care, justice systems, and state interventions.

Best Interests of the Child and Holistic Protection

Holistic protection recognises that children’s well-being is multi-dimensional and interconnected. The best interests principle provides the legal framework for protecting children across:

• Physical safety
• Emotional and psychological well-being
• Social development
• Moral and ethical growth
• Educational and cognitive development

It requires not only the prevention of harm but also the creation of environments in which children can thrive, develop resilience, and reach their full potential.

Application in Educational Settings

In educational contexts, the best interests of the child principle requires that all decisions; academic, behavioural, disciplinary, administrative, and safety-related prioritise the child’s welfare and development.

Key components include:

1. Safety and Protection

Schools must provide environments free from abuse, violence, neglect, bullying, exploitation, and harmful disciplinary practices. Robust safeguarding policies, reporting mechanisms, and trained personnel are essential to fulfilling this obligation.

2. Holistic Development

Education must address not only academic outcomes but also emotional resilience, physical health, social skills, and moral development. Practices that undermine dignity, mental health, or self-worth violate the best interests principle.

3. Child Participation

Consistent with Article 12 of the CRC, children’s views must be sought and given due weight according to their age and maturity, particularly in matters affecting discipline, learning support, and welfare interventions.

4. Individualised Assessment

The best interests of the child are not uniform. Schools must adopt case-by-case approaches that recognise individual needs, abilities, vulnerabilities, and contexts.

5. Non-Discrimination

The principle must be applied equally to all children, regardless of gender, disability, socioeconomic status, ethnicity, or any other status.

Conclusion

The principle of the best interests of the child is not a vague moral aspiration. It is a binding legal standard, a procedural safeguard, and a substantive right that lies at the heart of child protection and child rights governance. When effectively implemented, it transforms laws, institutions, and professional practice by ensuring that children’s safety, dignity, and holistic development are prioritised in all circumstances. It demands accountability from States, institutions, families, and professionals, while offering children a powerful shield against harm, neglect, and exploitation.

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