Towards a Uniform and Informed Interpretation of the Best Interests of the Child by the Judiciary

Inter-American and European Jurisprudence

Bibliographic Data

ID12191663
AuthorsSusana Sanz-Caballero (0009-0006-8003-1174, Chair, Professor of Public International Law and Jean Monnet Chair, Department of Law, University CEU Cardenal Herrera, Valencia, Spain, corresponding author)
Year2021
Volume29
Issue1
Pages54-77
Publication date2021-01-07
Open AccessNo
TypeARTICLE
VenueThe International Journal of Children s Rights (JOURNAL)
Journal identifiersISSN: 0927-5568 • E-ISSN: 1571-8182
PublisherBrill (PUBLISHER • NL)
DOI10.1163/15718182-28040009
OpenAlexW3120489585
LanguageEN
Citations received3
References cited4

This article analyses the interpretations made by two regional human rights courts regarding the best interests of the child. In cases of controversy, it is for the judges to decide how, or whether, the best interests of the child should be applied. Due to the dependence and vulnerability of children, judicial remedies are a critical form of redress when children’s rights are violated. This article analyses case law from two regional courts (the Inter-American Court of Human Rights (ICtHR) and the European Court of Human Rights (ECtHR)). The purpose of this analysis is twofold: first of all to see how the two courts interpret and apply the concept; and secondly, to ascertain whether there are similarities of interpretation or common grounds of understanding between the two courts, with particular regard to General Comment No. 14 (GC 14) of the United Nations Committee on the Rights of the Child on the right of the child to have their best interests taken as a primary consideration

Best interests · Human rights · International human rights law · Interpretation (philosophy · Jurisprudence · Political science · Redress · Sociology · Child and Adolescent Health · Children's Rights and Participation · Ethics and Legal Issues in Pediatric Healthcare · Law

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