A threefold concept: a right, a principle and a rule of procedure based on the assessment of all elements of a child’s or children’s interests in a specific situation both in the public and private sphere which must be determined on a case-by-case basis taking into consideration their personal context, situation and need.
Accordingly, the concept of the best interests of the child is flexible and adaptable. It aims to ensure both the full and effective enjoyment of all the rights recognised in the 1989 UN Convention on the Rights of the Child (UNCRC) and the holistic development of the child. Its full application requires the development of a rights-based approach, engaging all actors to secure the holistic physical, psychological, moral and spiritual integrity of the child and promote his or her human dignity.
