O OPSEGU PRIMENE I DOMETIMA NAJBOLjEG INTERESA DETETA

Abstract

The widely recognised concept of the child’s best interests may be examined through three dimensions: conceptual, qualitative, and quantitative. The conceptual dimension concerns the manner in which the idea of the child’s best interests is embedded within the legal framework. In this regard, it may be approached either as a principle or as a rule, although the UN Committee on the Rights of the Child adopts a somewhat different understanding of the conceptual formulation of this notion. The qualitative dimension pertains to the challenge of determining the substantive content of the child’s best interest, whereas the quantitative dimension involves determining its scope of application, reach, and normative weight. The category of persons obligated to respect the child’s best interests is as broad as possible, encompassing parents, legal guardians, and all others whose decisions affect the child. The principle of the child’s best interests is fundamentally individualistic; it is directed toward each specific child, notwithstanding the general phrasing of the principle in the UN Convention on the Rights of the Child. Simultaneously, the principle applies to all legal relationships involving decisions of both direct and indirect relevance to the child. As a general principle, the child’s best interest is to be interpreted and applied in a manner that accords it primary importance, while also considering the rights and interests of other persons. The principle attains paramount importance in the field of adoption, where a certain degree of discretion is left to the authorities responsible for establishing adoptive relationships.