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The Best Interests of the Child: Towards a synthesis of children's rights and cultural values

Author

Listed:
  • Philip Alston
  • Bridget Gilmour-Walsh

Abstract

This paper investigates the dilemmas that arise in applying the ‘best interests’ principle, particularly as the term is used in Article 3(1) of the UN Convention on the Rights of the Child, to concrete situations involving the treatment of children. The topics covered include: historical and current usages of the principle in domestic and international law; the technical meaning of the terms employed in the Convention; the problem of indeterminacy that the application of the best interests principle in a given situation will not necessarily lead to any particular outcome; how the principle relates to the overall debate over cultural relativism; the approach adopted by the Committee on the Rights of the Child.

Suggested Citation

  • Philip Alston & Bridget Gilmour-Walsh, 1996. "The Best Interests of the Child: Towards a synthesis of children's rights and cultural values," Papers innstu96/9, Innocenti Studies.
  • Handle: RePEc:ucf:innstu:innstu96/9
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    More about this item

    Keywords

    best interests of the child; children's rights; implementation of the crc;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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