Implementing Article 3 of the United Nations Convention on the Rights of the Child: Best Interests, Welfare and Well-being

Citation

Sutherland EE & Macfarlane LB (eds.) (2016) Implementing Article 3 of the United Nations Convention on the Rights of the Child: Best Interests, Welfare and Well-being. Cambridge: Cambridge University Press. http://www.cambridge.org/gb/academic/subjects/law/un-and-international-organisations/implementing-article-3-united-nations-convention-rights-child-best-interests-welfare-and-well-being?format=HB#contentsTabAnchor

Abstract
The United Nations Convention on the Rights of the Child is rightly acknowledged as a landmark in the development of children’s rights. As one of its fundamental principles, Article 3, making the child’s best interests a primary consideration in all actions concerning children and requiring States Parties to ensure their care and protection, underpins the Convention. This volume, written by experts in children’s rights from a wide range of jurisdictions, explores the extent to which Article 3 is being implemented at the regional and local level around the world. The book opens with a contextual analysis of Article 3 and explores systemic challenges to its implementation, before offering in-depth critiques of its operation in a variety of setting, including parenting, adoption, religion, domestic violence, relocation, baby-switching, assisted reproductive technology and juvenile justice. Amongst the themes that emerge are the continuing challenges posed by the content of ‘best interests’, ‘welfare’ and ‘well-being’; the priority to be accorded to them when set alongside other rights and interests; and the socio-economic and other obstacles in legislating for children’s rights.

Keywords
Article 3; Convention on the Rights of the Child; United Nations; European Convention on Human Rights; child; best interests; well-being; welfare; General Comment 14; drafting; implementation; parent assisted reproductive technology; surrogacy; adoption; child protection; relocation; juvenile justice; baby switching; anthropology; law and practice; religion; equality models; domestic violence; post-separation parenting

People

Professor Elaine Sutherland

Emeritus Professor, Law