Best interests of the child

This principle is included in the Convention on the Rights of the Child. This establishes that in all public and private actions, decisions or measures affecting children must be adopted considering the protection of their rights, ensuring their well-being, and their integral development first and foremost. This means that if children’s rights conflict with others that are equally valid, then the first prevail.

This applies to, for example, measures adopted by the courts, administrative authorities, and legislative bodies. Also, it applies to the State’s duty to ensure the care and protection of children, considering the rights and duties of mothers, fathers, and guardians. It also relates to the obligation that entities in charge of their well-being and protection have to meet the safety, health, and supervision norms, and to have enough staff with the necessary skills.

The concept is associated to the recognition of children’s and adolescents’ progressive autonomy, and to their right to give an opinion and to be heard regarding issues that affect them.