safeguards to assess and determine the child’s
best interests.116 Best-interests assessments
are generally required for individual children in
situations in which they may be at risk of
violence, abuse or exploitation and/or when
they are separated from their parents or legal
guardians. A child’s best interests should be
assessed and determined in a manner that ensures their holistic development and free exercise
of their rights, including the rights to family life,
freedom from violence and a nationality, among
others, and to promote their human dignity.117 Assessing the child’s best interests should be done
considering the specific circumstances of each
child, including the social and cultural context.
Various factors should be considered, including the child’s age, sex, level of maturity, familial situation and whether the child belongs to a
minority group.118
68.
Qualified persons, usually a social
service professional and/or judicial official
specialized in child rights and development, should conduct such an assessment. A
multidisciplinary assessment and determination is also important, including meaningful participation by child protection and
welfare authorities.119 In addition, actors
independent of any authorities who have vested
interest should undertake the assessment. For example, security or intelligence officers should not be
involved in the best-interests assessments
and determinations of children suspected of
116 Ibid., art. 3.
117 Committee on the Rights of the Child, general comment
No. 14 (2013), para. 5.
118 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. 31.
119 Ibid., para. 32(c).
32.
involvement with armed groups or designated
terrorist groups.
UNHCR Guidelines on Assessing and
Determining the Best Interests of the
Child: 2018 Provisional Release (2018)
This publication updates UNHCR’s Guidelines
on Assessing and Determining the Best Interests of the Child. The Guidelines combine a
conceptual framework of the best interests
of the child with operational guidance to provide one consolidated, practical framework of
reference for practitioners. Available at www.
refworld.org/pdfid/5c18d7254.pdf.
Example from Council of Europe. The
best interests of the child—A dialogue
between theory and practice (2016)
The publication is based on a conference organized by the Government of Belgium and
the Council of Europe in 2014 as a venue for
actors involved in decisions that have an impact on children’s lives to share knowledge and
enhance the understanding of the concept of
the best interests of the child. The publication,
consisting of contributions from 21 experts,
covers four areas (a) general reflections of the
concept, (b) assessing, determining and monitoring the best interests, (c) using the concept
in different environments and (d) understanding the concept in family affairs. Available at
https://rm.coe.int/1680657e56.