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Summary: The Committee on the Rights of the Child has published its General Comment No.14 on on the right of the child to have his or her best interests taken as a primary consideration (Article 3). The General Comment was adopted during the Committee's 62nd session.
What are General Comments? The CRC Committee elaborates its General Comments with a view to clarifying the normative contents of specific rights provided for under the Convention on the Rights of the Child or particular themes of relevance to the Convention, as well as offer guidance about practical measures of implementation. General Comments provide interpretation and analysis of specific articles of the CRC or deal with thematic issues related to the rights of the child. General Comments constitute an authoritative interpretation as to what is expected of States parties as they implement the obligations contained in the CRC. GC on best interests of the child The present general comment seeks to ensure the application of and respect for the best interests of the child by the States parties to the Convention. It defines the requirements for due consideration, especially in judicial and administrative decisions as well as in other actions concerning the child as an individual, and at all stages of the adoption of laws, policies, strategies, programmes, plans, budgets, legislative and budgetary initiatives and guidelines – that is, all implementation measures – concerning children in general or as a specific group. The Committee expects that this general comment will guide decisions by all those concerned with children, including parents and caregivers. The best interests of the child is a dynamic concept that encompasses various issues which are continuously evolving. The present general comment provides a framework for assessing and determining the child’s best interests; it does not attempt to prescribe what is best for the child in any given situation at any point in time. Main objective The main objective of this general comment is to strengthen the understanding and application of the right of children to have their best interests assessed and taken as a primary consideration or, in some cases, the paramount consideration (see paragraph 38 below). Its overall objective is to promote a real change in attitudes leading to the full respect of children as rights holders. More specifically, this has implications for: (a) The elaboration of all implementation measures taken by governments; (b) Individual decisions made by judicial or administrative authorities or public entities through their agents that concern one or more identified children; (c) Decisions made by civil society entities and the private sector, including profit and non-profit organizations, which provide services concerning or impacting on children; (d) Guidelines for actions undertaken by persons working with and for children, including parents and caregivers. Further Information