The Law of Persons and Family Law

Monitoring State Compliance with the UN Convention on the Rights of the Child

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. 2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. 3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision. What Did Children Say? 'When parents make decisions or something related to their children, they should discuss with their children and make decisions based on best interests of their children.' (Eastern Europe)

2013

In May 2013, the UN Committee on the Rights of the Child (“CRC”) published General Comment 14 which had been adopted at its 62nd session. General Comment 14 relates to the right of the child to have his or her best interests taken as a primary consideration. It is proposed in this article to give attention to this the most recent General Comment to emerge from the CRC.

Glasnik of the Bar Association of Vojvocina, 2023

The principle of the best interests of the child is one of the four fundamental guiding principles underlying the system for the protection of children's rights under the auspices of the United Nations and the Convention on the Rights of the Child (CRC). It constitutes a general principle, a flexible concept/term to which legal practitioners attribute specific meaning in each unique case. The Family Law of the Republic of Serbia and the Convention on the Rights of the Child both lack a definition of this principle, leaving ample room for assessing the child's best interests in concreto, i.e., in the scope of a specific case. In this regard, legal practitioners find valuable guidance in General Comment No. 14 (2013) by the Committee on the Rights of the Child, which clarifies the concept of the child's best interests. This document establishes objective criteria as guiding principles all decision-makers should adhere to in in matters concerning children. In addition to examining the prevalent perspectives within legal theory and regulations concerning criteria for assessing a child's best interests, this paper

Obiter, 2021