Achieving to Human rights of children through a detailed assessment of the Concept of The best interest of Child in The doctrine of international jurists

Keykhosravi, Mahdi; Tohidi, Ahmad Reza

Achieving to Human rights of children through a detailed assessment of the Concept of The best interest of Child in The doctrine of international jurists

Document Type : Original Article

Authors

Mahdi Keykhosravi ¹

Ahmad Reza Tohidi ²

¹ Ph.D. Candidate in International Law, Faculty of Law, Qom University, Qom, Iran, and Lecturer of Hakim Sabzevari University

² Assistant Professor, International Law Department, Faculty of law, Qom University, Qom, Iran

Abstract

First time, the best interests of the child in the contractual field appeared in the Convention on the Rights of the Child (1989). Aforesaid convention in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, put the benefits and health of the child as the first priority. But they do not provide any concept of the best interests of the child. This ambiguity can disrupt the decision-making process in the judicial, administrative and legal areas related to the child and deprive the child of his fundamental rights. International jurists as the advisory arm of the judiciary, legislative, administrative- Executive organs, can play an important role in conceptualization the best interests of the child. In the present study, we tried with descriptive- analytical method, first we examine the concept of the best interests of the child from the point of international jurists and then assess the best interests of the child in various areas related to the child. The results of the research indicate that the concept of the best interests of the child points to the assessment of the courts when making a decision about what kind of services, acts and orders gains to the Children.

Keywords

Convention on the Rights of the Child

Committee on Rights of the child

the concept of the best interests of the child

Primary Consideration

International jurists

Subjects

معاهدات مرتبط با حقوق بشر

Farsi

Articles

1. parsapur, mohammad bagher. Noorbakhsh, Susan. Assessment Criteria of the child’s expediency In Imamiyah Jurisprudence, Iranian Law and the UN Convention on the Rights of the Child, Comparative Studies on Islamic & Western Law, Issue 3, 2015, pp, 1-4

2. Azimzadeh Ardabili, Faezeh, Toughanipour, Faezeh, Family Rights of Illegitimate Children, Family Law and Jurisprudence, Issue 55, 2011, pp, 1-2

English

-Books

1. Sedmak, Mateja. Sauer, Birgit, Unaccompanied Children in European Migration and Asylum Practices: In Whose Best Interests? Routledge publisher, 2018. 42.

2. Kujundžić, L, Multidisciplinary cooperation in the best interests of children witnesses and victims of sexual abuse, Child Protection HUB for South East Europe, 2017, 1-5

3. Griffiths, Anne. Mustasaari, Sanna, Subjectivity, Citizenship and Belonging in Law: Identities and Intersections, Routledge publisher, 2017, 10-12.

4. Determining the Best Interests of the Child, child welfare information gateway, 2016.

5. Farrugia, Ruth. Callus, Anne-Marie. The Disabled Child's Participation Rights, Routledge publisher, 2016, 13-14.

6. Hauck, Pierre. Peterke, seven. International Law and Transnational Organized Crime, oxford university press, 2016.

7. Benedek. Elissa P, Ash. Peter, Principles and Practice of Child and Adolescent Forensic Mental Health, American Psychiatric Publishing, 2010, 198

8. Buck, T. International Child Law, Routledge publisher, 2014.

9. Helfend Meyer, L, In the Child’s Best Interest: What It Means in Move-Away Cases. 2014.

10. International Family Law, Policy and Practice, International Center For Family Law, Policy And Practice, Vol. 1, Number1, Winter 2013, 108

11. Parsons, A. The Best Interests of the Child in Asylum and Refugee Procedures in Finland, Vähemmistövaltuutettu, 2010.

12. Pranzo. D, Child Custody and Visitation Disputes in Sweden and the United States: A Study of Love, Justic, and knowledge, Lexington Books publisher, 2013.

13. Sormunen, M,The best Interests of the Child- A Dialogue Between Theory and Practice, Council of Europe publishing, 2016.

14. Langford, M, Global Justice, State Duties: The Extraterritorial Scope of Economic, Social, and Cultural Rights in International Law, Cambridge University Press, 2013, 393.

15. Grietens, H. In the Best Interests of Children and Youth: International Perspectives, Leuven University Press, 2005, 15

16. Bunker, J, A Comprehensive Guide to Child Custody Evaluations: Mental Health and Legal Perspectives, Springer Publisher, 2007, 396

17. Sutherland, Elain E, Barnes Macfarlane, Lesley-Anne, Implementing Article 3 of the United Nations Con vention on the Rights of the Child Best Interests, Welfare and Well-being, Cambridge University Press, 2016, 400

18. Miles, Joanna. Harris-Short, Sonia. Family Law: Text, Cases, and Materials, Oxford University Press, 2011

19. Freeman, M. Article ۳: The Best Interests of the Child, Martinus Nijhoff Publishers, Leiden, Boston, 2007

20. Dush, Claire Kamp M. Peters, H. Elizabeth. Marriage and Family: Perspectives and Complexities, Columbia University Press, 2010

21. Brassil, B, Excel HSC Legal Studies, Pascal Press, ۲۰۰۴, ۱۶۸

22. Pobjoy, Jason M. The Child in International Refugee Law, Cambridge University Press, 2017, 197.

23. Della Fina, Valentina. Palmisano, Giuseppe. The United Nations Convention on the Rights of Persons with Disabilities: A Commentary, Springer Publisher, 2017, 37.

-Articles

24. Woodman, Gordon R. ‘‘ The Journal of Legal Pluralism and Unofficial Law‘‘ 58/2008, LIT Verlag Münster Berlin, 2010, 460

25. Carbone, June, ‘‘Legal Applications of the Best Interest of the Child Standard: Judicial Rationalization or a Measure of Institutional Competence? ‘‘American Academy of Pediatrics, Pediatrics Volume 134, 2014. 122-113

-Documents

26. Committee on the Rights of the child, General comment no.14. on the right of the child to have his or her best interest taken as a primary consideration. (art3, para1), 2013, 4-10.

-Internet Resources

27. http://www.ohchr.org/EN/HRBodies/CRC/Pages/Membership.aspx

28. http://www.ohchr.org/EN/HRBodies/CRPD/Pages/QuestionsAnswers.aspx

29. https://en.wikipedia.org/wiki/Child_support_in_the_United_States

30. https://www.huffingtonpost.com/lisa-helfend-meyer/in-the-childs-best-intereb_4776085. html