Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that "in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration". Assessing the best interests of a child means to evaluate and balance "all the elements necessary to make a decision in a specific situation for a specific individual child or group of children".
Definition
According to the UN Convention on the Rights of the Child, assessing the best interests of a child means to evaluate and balance "all the elements necessary to make a decision in a specific situation for a specific individual child or group of children". Due to the diversity of factors to consider, usually more than one profession or institution is involved in the assessment process, bringing together various perspectives and areas of expertise from the country of origin and destination and, in particular, the perspective of the child.
The following aspects are relevant for the best interests of the child: The child's views and aspirations; The identity of the child, including age and gender, personal history and background; The care, protection and safety of the child; The child's well-being; The family environment, family relations and contact; Social contacts of the child with peers and adults; Situations of vulnerability, i.e. the risks that the child is facing and the sources of protection, resiliency and empowerment; The child's skills and evolving capacities; The rights and needs with regard to health and education; The development of the child and her or his gradual transition into adulthood and an independent life; Any other specific needs of the child.
Assessments
Best interests' assessments can be conducted informally and ad hoc or as formalised processes. Assessments look at everyday matters and decisions with more or less severe implications for the child. The best interests of a child may change significantly over time as children grow and their situations and capacities evolve, so their best interests' may need to be reassessed periodically.
Determinations
Best interests' determinations are formal processes conducted with the involvement of public authorities and professional decision makers. The objective of the best interests' determination is to reach a decision based on national law that safeguards the rights of the child and promotes her or his well-being, safety and development. Decision-makers weigh and balance all the relevant factors of the case, giving due consideration to all the rights of the child and the obligations of public authorities and service providers towards the child. The objective of the best interests' determination process is the identification of a durable solution. Best interests' determinations are carried out when the issues at stake are expected to have significant implications on the child's present and future life.
Elements of a best interests' assessment and determination process in transnational cases Best interests' assessments aim to gather all the facts needed to arrive at a conclusion about the impact of any action, measure or decision on the child and her or his future. The central perspective is that of the girl or boy concerned. A trust-based relationship and communicating effectively in the child's main language enables the child to exercise his or her right to be heard. Comprehensive assessments involve a multi-disciplinary team of qualified professionals.
A comprehensive best interests' assessment and determination process addresses all of the following: Establishing the child's identity and the identity of the child guardian and the quality of their relations, and any accompanying persons in transnational cases. Case assessment, including the following components: Hearing the child; Assessment of the child's situation, background and needs; Social situation and family assessment; Gathering evidence including through forensic examinations and interviews with the child; Risk and security assessments; Mapping sources of support, skills, potentials and resources for empowerment; Developing a life project. Comprehensive child impact assessment of any potential decisions. Identification of a durable solution in transnational cases. Continued assessments during the implementation of the durable solution with due follow-up, review and monitoring, and adjustments to the durable solution arrangements, if and as required, according to the best interests of the child