In the United Nations Convention on the Rights of the Child, one of the central concepts is the ‘best interest of the child’ as captured in article 3. However, there is no universal definition of what this term includes. It is fairly open to interpretation. Its primary objective is the protection of the child, but often there is controversy regarding its construction. Why is the ‘best interest of the child’ so important? Why is it so difficult to define the ‘best interest of the child’? Should this vague term even exist? Is there an alternative? These are the questions that led to writing this paper. The following will be a comparison of the negative and positive aspects of the ‘best interest’. To start, there will be an overview over the history and structural composition of the UN Convention. Most literature used was in the German language, translations of literal citations can be found in the footnotes.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- The UN Convention on the Rights of the Child
- History of the CRC
- Structural overview and principal articles of the CRC
- Critical examination of the term “best interest of the child”
- Negative aspects
- Positive aspects
- Summary
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay aims to critically examine the concept of "best interest of the child" within the framework of the UN Convention on the Rights of the Child (UN-CRC). It explores the history, structure, and implications of this central concept, analyzing both its positive and negative aspects. The essay seeks to address the ambiguity surrounding its definition and the challenges it presents for practical application.
- The historical development of the UN-CRC and its significance for child protection.
- The concept of "best interest of the child" as a central principle of the UN-CRC and its inherent challenges.
- A critical analysis of the advantages and disadvantages of utilizing the "best interest of the child" concept.
- The importance of ensuring the protection of children's rights within the legal framework.
- The need for a clear and consistent interpretation of the "best interest of the child" concept.
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction establishes the context of the essay, introducing the central concept of "best interest of the child" within the UN Convention on the Rights of the Child (UN-CRC) and its inherent ambiguities. It then outlines the key questions that motivate this investigation.
Chapter 2 provides a concise overview of the historical development of the UN-CRC, tracing its origins back to the late 19th century and highlighting the evolution of international concern for children's rights. This chapter also outlines the structure and key articles of the UN-CRC.
Chapter 3 delves into a critical examination of the "best interest of the child" concept. It analyzes both the positive and negative aspects of using this term, exploring its potential benefits and limitations in safeguarding children's rights. This chapter aims to provide a balanced perspective on the complexities surrounding this crucial concept.
The essay concludes by summarizing the key findings and emphasizing the importance of ongoing efforts to ensure the protection of children's rights within a clear and consistent legal framework.
Schlüsselwörter (Keywords)
The essay focuses on the key concepts of "best interest of the child," the UN Convention on the Rights of the Child (UN-CRC), child protection, children's rights, legal framework, and international law. It explores the challenges of defining and applying the "best interest of the child" concept in practice. The essay highlights the historical development of international concern for children's rights and emphasizes the importance of ensuring their protection within a clear and consistent legal framework.
- Quote paper
- Hermann Fuchs (Author), 2017, Critical examination of the term "best interest of the child" in the UN-CRC, Munich, GRIN Verlag, https://www.grin.com/document/418507
