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"BEST INTERESTS OF THE CHILD" [2019] ELECD 2680; in Vandenhole, Wouter; Erdem Turkelli, Gamze; Lembrechts, Sara (eds), "Children's Rights" (Edward Elgar Publishing, 2019) 59

Book Title: Children’s Rights

Editor(s): Vandenhole, Wouter; Erdem Türkelli, Gamze; Lembrechts, Sara

Publisher: Edward Elgar Publishing

Section: ARTICLE 3

Section Title: BEST INTERESTS OF THE CHILD

Number of pages: 15

Abstract/Description:

This chapter provides commentary on art. 3 of the CRC on the best interests of the child. The chapter explores the legal implications of the best interests notion in terms of defining, assessing and determining best interests as well as of balancing diverging interests on different levels (art. 3.1 CRC). States’ obligations to provide children with such protection and care as is necessary for their well-being (art. 3.2 CRC) and the corresponding obligation to ensure appropriate standards for institutions, services and responsibilities responsible for such care and protection (art. 3.3 CRC) are also addressed. In conclusion, the chapter relates art. 3 to other human rights of children, in particular as guaranteed under art. 12 CRC.


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