General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1)

The present general comment seeks to ensure the application of and respect for the best interests of the child by the States parties to the Convention. It defines the requirements for due consideration, especially in judicial and administrative decisions as well as in other actions concerning the child as an individual, and at all stages of the adoption of laws, policies, strategies, programmes, plans, budgets, legislative and budgetary initiatives and guidelines – that is, all implementation measures – concerning children in general or as a specific group. The Committee expects that this general comment will guide decisions by all those concerned with children, including parents and caregivers. The main objective of this general comment is to strengthen the understanding and application of the right of children to have their best interests assessed and taken as a primary consideration or, in some cases, the paramount consideration. Its overall objective is to promote a real change in attitudes leading to the full respect of children as rights holders. More specifically, this has implications for: (a) The elaboration of all implementation measures taken by governments; (b) Individual decisions made by judicial or administrative authorities or public entities through their agents that concern one or more identified children; (c ) Decisions made by civil society entities and the private sector, including profit and non-profit organizations, which provide services concerning or impacting on children; (d) Guidelines for actions undertaken by persons working with and for children, including parents and caregivers

Published 2013-06-17

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