The impact of the CRC on the concept of ‘best interests of the child’

Omschrijving

The concept of ‘the best interests of the child’ – formulated as such or in similar terms – is not new. Over and above its use in everyday parlance (such as in ‘it’s for your own good’, ‘we have your interests at heart’), it figures in several national legislative texts that pre-date the CRC, as well as in a limited number of international instruments, usually in relation to decision- making on custody and access issues. However, its incorporation as a broad principle underlying the Convention on the Rights of the Child (CRC) has led to confusion and controversy. These need to be resolved for the optimal implementation of the treaty, and a useful contribution to securing a solution would be a thoughtful General Comment on the issue from the Committee on the Rights of the Child.