The principle of ‘the best interests of the child’ is set out in the United Nations Convention on… 1 answer below »

The principle of 'the best interests of the child' is set out in the United Nations Convention on
the Rights of the Child (CRC).
The CRC was adopted in 1989 and ratified by Australia in December 1990. It makes the best
interests of the child at least 'a primary consideration', and sometimes paramount, in actions
and decisions concerning children. The principle of the best interests of the child is one of the
fundamental principles of the CRC underpinning the interpretation of all children's rights and
freedoms.
The CRC defines 'children' as everyone under 18 years.
This Brief provides information on:
• The sources of the principle of ‘the best interests of the child’
• Which actions are affected?
• Whose actions are covered?
• What are the child's best interests?
• Are other considerations permitted?
• Best interests in Australian law
• Practitioner checklist
• Select bibliography
• Cases
• Websites
The sources of the principle of ‘the best interests of the child’
Generally the best interests of the child are a primary consideration in all actions concerning
children.
A primary consideration – article 3.1
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.
In particular cases best interests may be the paramount consideration.
Child protection and custody – article 9.1
States Parties shall ensure that a child shall not be separated from his or her parents against
their will, except when competent authorities subject to judicial review determine, in
accordance with applicable law and procedures, that such separation is necessary for the
best interests of the child. Such determination may be necessary in a particular case such as
one involving abuse or neglect of the child by the parents, or one where the parents are living
separately and a decision must be made as to the child's place of residence
Continuing contact with one or both parents – article 9.3
States Parties shall respect the right of the child who is separated from one or both parents to
maintain personal relations and direct contact with both parents on a regular basis, except if
it is contrary to the child's best interests.
Adoption – article 21
States Parties that recognize and/or permit the system of adoption shall ensure that the best
interests of the child shall be the paramount consideration.

Needs help with similar assignment?

We are available 24x7 to deliver the best services and assignment ready within 3-8hours? Order a custom-written, plagiarism-free paper

Get Answer Over WhatsApp Order Paper Now

Do you have an upcoming essay or assignment due?

All of our assignments are originally produced, unique, and free of plagiarism.

If yes Order Paper Now