To browse Academia. Section 4 2 of the Child law Act sets the ground by categorically stating that: The best interests of a child shall be a primary consideration in all actions concerning children whether undertaken by public or private social welfare institutions, courts or administrative bodies. Glasnik of the Bar Association of Vojvocina, 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.
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. In this regard, legal practitioners find valuable guidance in General Comment No. 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.
The child best interest principle appears oftentimes as a right that is open to wide discretionary interpretation. The notion of the 'best interests of the child' plays a central role in Australian family law. Section 60CA of the Family Law Act Cth , as amended in , reiterates the longstanding principle that, in making a parenting order, 'a court must regard the best interests of the child as the paramount consideration.
Centre for Research on Discretion and Paternalism, The Centre addresses core themes in the social sciences by examining the government's use of power toward its citizens and the justifications of state interventions into people's lives. Important areas of empirical focus are child welfare and children's rights. Research at the Centre is comparative between nations, systems and individuals.
