Your best interests must be taken into account

Children’s rights include the principle that adults must make decisions to the benefit of children and young people. This is known as the best interests of the child. Your best interests must come first when decisions are made that concern you. The best interests of the child are not a matter of opinion but based on the rights outlined in the UN Convention on the Rights of the Child.

It is not always easy to judge what is in the child’s best interests in any given situation. Each situation must be assessed comprehensively and with a long-term view, considering the realisation of all the child’s rights collectively rather than some being emphasised over others. Children and young people have the right to self-determination, and when assessing their best interests, their views must always be heard and taken into account in accordance with their age and level of development.

What does this mean?

According to the UN Convention on the Rights of the Child, the best interests of the child must be a primary consideration in all actions concerning persons under the age of 18 undertaken by social welfare services, courts, administrative authorities or legislative bodies. This means that whenever authorities, teachers, social workers, courts and others make decisions affecting a child or young person, they must first consider what solution is best for the child – not what is best for the adults, authorities or other parties involved.

Whenever decisions that affect children or young people are made, their impacts must be assessed, and the reasoning must show how the child’s best interests have been considered. Child impact assessments can be used to anticipate the effects of decisions on children and groups of children.

The best interests of the child must also be the guiding principle for the actions of parents and other guardians. They must try to minimise the difficulties in your daily life and ensure that you have the best possible opportunities to lead a good life. They must consider what is best for you, set safe boundaries and protect you from dangerous situations, and ensure that you stay healthy and well.

When assessing the child’s best interests, it is important to establish the child’s or young person’s views on the matter at hand. If a decision is made contrary to the desires of the child or young person, they must be given an explanation. This will often be that an adult has assessed that an alternative solution better serves the child’s best interests.