The best interests of the child : a term of convenience?

Abstract

The Best Interests of the Child is a principle that has been and still continues to be the subject of academic discussions and writings focusing on children’s rights. This work focuses on the nature of the principle, the criticism it faces, the evolution that it has gone through, and decision-making based upon it. Chapter One is an introductory chapter, discussing the theories of childhood and the idea of a child along the years, together with the philosophical theories that have paved the way to children’s rights and ideologies, some of which are practiced to date. Chapter Two discusses the attempts that have been made to define the principle and the reference to children by national as well as international legal instruments, together with the inconsistencies between the various pieces of legislation relating to children or other family law issues. Chapter Three focuses on the criticism which the Best Interests principle faces by various commentators, academics and scholars. The principle is particularly criticized for its vagueness and indeterminateness and such criticism tend to taint its prominence it has within the field of children’s rights. Chapter Four analysis local, foreign and European Court judgements related to child custody and access issues, which refer to the Best Interests Principle. Some judgements illustrate its importance and relevance in decisions taken vis-à-vis children, yet others reflect the decision-makers’ personal inclinations to the detriment of the children’s best interests. Chapter Five makes conclusions on the practical level. It criticizes the system and makes suggestions and recommendations as to how the principle of the best interests of the child can be enforced and better implemented on a holistic level.