INTERNATIONAL AND CONSTITUTIONAL LEGAL STANDARDS OF THE PRINCIPLE OF THE "BEST INTERESTS OF THE CHILD": CONTENT AND CHALLENGES OF APPLICATION

Abstract

The principle of the best interests of the child is one of the fundamental principles of contemporary international and constitutional law, guiding decision-making in all matters concerning children. The principle is enshrined in Article 3 of the United Nations Convention on the Rights of the Child, which provides that the best interests of the child shall be a primary consideration in all actions concerning children. General Comment No. 14 of the Committee on the Rights of the Child further develops this approach by recognizing the best interests of the child as simultaneously a substantive right, a fundamental interpretative legal principle, and a rule of procedure.

This article examines the international and constitutional standards governing the principle of the best interests of the child and analyzes its substantive elements. It further argues that constitutional review plays a crucial role in the effective implementation of this principle by identifying the State's positive obligations, clarifying the constitutional content of children's rights, and promoting the incorporation of international human rights standards into the domestic legal system.