Article 3: The best interests of the child

Convention text

1.

In all actions concerning children, the best interests of the child must be a primary consideration. This applies to all actions taken by public authorities, public or private social welfare institutions, courts or legislative bodies.

2.

The countries that have signed the Convention must ensure that all children receive the protection and care necessary for their well-being. To this end, they must take all necessary measures, taking into account the rights and duties of parents, carers or others responsible for the children.

3.

These countries must ensure that institutions responsible for the care or protection of children comply with the standards established by the public authorities. This applies in particular to safety, health, the people who work there, and supervision.

Key point

The best interests of the child must be a primary consideration in all actions concerning children.

Explanation

An interest is something that affects you because it has an impact on your life. In every decision concerning children, the best interests of the child must be a primary consideration. It does not matter who takes the decision – whether it is the government, a parent, a teacher, an organisation or a court.

If parents or carers fail to fulfil their responsibilities towards a child, the government must ensure that the child receives the care necessary for their well-being. The government must also ensure that appropriate services are available, such as schools, after-school care and youth services. These services must meet the requirements set by the authorities, for example in relation to safety, health and the competence of staff. 

Best interests of the child

The best interests of the child can be interpreted in different ways, and this is indeed the case, as people do not always think about it in exactly the same way. The Convention does, however, provide useful guidance on how to determine what is generally considered to be ‘in the best interests of the child’. This can be understood by looking at the other rights children have. For example, consider the importance for every child of growing up with their parents and family, the importance of being able to develop through learning and play, and the importance of not being subjected to abuse or exploitation. Exploitation of children means making children do things that are not good for them in order to benefit from it. Perhaps most important of all is the right of every child to be heard – that is, for children to express what matters to them and for others to listen to them.

General Comment No. 14 on the Convention provides a detailed explanation of how the best interests of the child should be interpreted and applied.