1.2.2 The Best Interests of the Child as a Primary Consideration 54. Article 3(1) of the Convention on the Rights of the Child provides the child’s right to have his or her best interests assessed and taken into account as a primary consideration in all actions or decisions that concern him or her, both in the public and private spheres.93 The expression “primary consideration” means that the child’s best interests may not be considered on the same level as all other considerations. This strong position is justified by the special situation of the child: dependency, maturity, legal status and, often, lack of his or her own voice. Children have fewer opportunities than adults to advocate for their own interests, and those involved in decisions affecting themselves must be aware of their interests. If the interests of children are not highlighted, they tend to be overlooked.94 55. The primary consideration of the child’s best interests must be applied with respect to all actions concerning children, including by courts of law, administrative authorities and legislative bodies.95 The principle applies not only when a decision is being made concerning an individual child, but also when it concerns a group of identified or unidentified children.96 Consequently, the principle applies when policy decisions are made regarding a particular group of children affected by the foreign fighter phenomenon. It also applies when any decisions are made concerning individual children. Indeed, the Security Council has also stressed that the best interests 93 Committee on the Rights of the Child, general comment No. 14 (2013), para. 1. 94 Ibid., para. 37. 95 Convention on the Rights of the Child (1989), art. 3(1). 96 Committee on the Rights of the Child, general comment No. 14 (2013), para. 6. of the child, along with the specific needs and vulnerabilities of girls and boys, should be duly considered in planning and undertaking actions concerning children in situations of armed conflict.97 56. The child’s best interests are a threefold concept as follows: (1) a substantive right for the child to have his or her best interests taken into account as a primary consideration, (2) an interpretative legal principle to require interpretation of legal measures in such a way that most effectively serves the child’s best interests, and (3) a rule of procedure to require thorough review of the possible impact (positive or negative) of a decision on the child or children concerned.98 57. The principle of the best interests of the child guides all actions concerning children by both public and private actors and in legislative, judicial and administrative decisions.99 Those standards cannot be lowered even if there are allegations of crimes against or administrative decisions affecting the child.100 The principle of the best interests of the child also applies to all situations in which a child is deprived of liberty. 97 Security Council resolution 2427 (2018), para. 10; Security Council resolution 2225(2015), preamble. 98 Committee on the Rights of the Child, general comment No. 14 (2013), para. 6. 99 Convention on the Rights of the Child (1989), art. 3(1); Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families No. 22 (2017) of the Committee on the Rights of the Child, para 30. 100 Convention on the Rights of the Child (1989) art. 40(2) (b)(iii); Committee on the Rights of the Child, general comment No. 14 (2013), para. 21—“21. The term “children” refers to all persons under the age of 18 within the jurisdiction of a State party, without discrimination of any kind, in line with articles 1 and 2 of the Convention” (emphasis added). Security Council resolution 2427 (2018), para 20. 29.