The best interests of the child — UNCRC

http://www1.umn.edu/humanrts/edumat/IHRIP/circle/modules/module5.htm
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Best interests of the child

A major aspect of the philosophy behind the UNCRC is that children are equals; as human beings they have the same inherent value as grown-ups. The affirmation of the right to play underlines the fact that childhood is valuable in itself and these years are not merely a training period for the adult life. The idea that children have equal value may sound like a truism, but it is, in fact, a radical thought—one not at all respected today.

Children—especially when very young—are vulnerable and need special support to be able to enjoy their rights in full. How can children be granted equal value and at the same time the necessary protection? Part of the answer lies in the principle of “the best interests of the child,” formulated in 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.

Whenever official decisions are taken which affect children, their interests should be seen as important. The interests of the parents or the state should not be the all-important consideration. This is indeed one of the major messages of the CRC.

Views of the child

This first principle, by its very nature, gives importance to another principle, one about respecting the views of the child. In order to know what actually is in the interests of the child, it is only logical to listen to him or her. The principle is formulated in article 12(1):

States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child be given due weight, in accordance with the age and maturity of the child.

This has been termed by some commentators the “participation” element in the CRC. The idea is that the child has the right to be heard and have his/her ideas taken seriously. The reports by states parties so far have been vague on this article; some have stated that children of, for instance, twelve years of age have the right to reject an adoption or a change of name or nationality. Few have displayed a comprehensive approach to this principle which affects life in schools and families—and in politics.
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It is easy to see why despotic parents hate the foundational premises of the UN CRC. They wish to treat their children as property, as clay they can mold to suit their whims and prejudices. You do not treat an equal in this manner. You certainly have no inherent right to punish an equal physically because they do not bow down to you.

Framing the rights of children as elaborated in the UN CRC has profound implications for how parents role in the development of their children is envisioned. Tyrannical patriarchs are out. Thoughtful respectful guardians are in.

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