RECOMMENDATION
In the light of General Comment No 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee recommends that the State party explicitly define and enshrine in its legislation the principle of best interest of the child, in compliance with Article 3 of the Convention.
| Recommendation No: | CRC-29(1) |
|---|---|
| Recommendation Year: | 2016 |
| Recommendation Text: | In the light of General Comment No 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee recommends that the State party explicitly define and enshrine in its legislation the principle of best interest of the child, in compliance with Article 3 of the Convention. |
| Convention/Treaty Body: | Convention on the Rights of the ChildĀ |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
CRC 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.
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.
3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.
Stakeholders
Attorney General's Office (AGO)
Relevant Articles of the Constitution
17A - Everyone is entitled to the rights and freedoms included in this Chapter without discrimination of any kind, including race, national origin, colour, sex, age, mental or physical disability, political or other opinion, property, birth or other status, or native island.
17B - Special assistance or protection to disadvantaged individuals or groups, or to groups requiring special social assistance, as provided in law shall not be deemed to be discrimination, as provided for in article (a).
35A - Children and young people are entitled to special protection and special assistance from the family, the community and the State. Children and young people shall not be harmed, sexually abused, or discriminated against in any manner and shall be free from unsuited social and economic exploitation. No person shall obtain undue benefit from their labour.
Relevant Legislation Articles
No Relevant Legislation Articles
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
CRPD Article 7 - Children with disabilities
CRPD Article 16 - Freedom from exploitation, violence and abuse
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
No Related SDGs
Categories
Best interests of the child