IMP LEMENTATIO N IN DE P T H BEST INTERESTS OF THE CHILD While there is no precise definition of the term “best interests of the child,” it broadly describes the well-being of a child. Such well-being is determined by a variety of individual circumstances, such as the age, the level of maturity of the child, the presence or absence of parents, the child’s environment and experiences. The Convention on the Rights of the Child requires that “the best interests of the child shall be a primary consideration in all actions affecting children.” “While it is always no fault of their own, stateless children often inherit an uncertain future. For instance, they might fail to benefit from protections and constitutional rights granted by the State. These include difficulty to travel freely, difficulty in accessing justice procedures when necessary, as well as the challenge of finding oneself in a legal limbo vulnerable to expulsion from their home country. Statelessness is particularly devastating to children in the realisation of their socio-economic rights such as access to health care, and access to education. In sum, being stateless as a child is generally antithesis to the best interests of children.” African Committee on the Rights and Welfare of the Child, Children of Nubian descent in Kenya v. Kenya (2011) 84 | must make sure to protect clients’ personal information, and should take identifying details out of any reports. Databases and filing systems should be secure and all procedures compliant with data protection laws. Paralegals who work with children should receive special training, which includes training on how to determine the best interests of the child. Generally, service to children involves gaining access to a birth certificate in order to secure other essential rights such as education, a name, and a nationality. Sometimes the steps involved in registering a birth can put someone else in danger. For example, a child might only be able to be registered if the parents’ marriage is registered. If one of the parents abuses the other, marriage registration may put the victim at risk. A couple with mixed ethnic or religious backgrounds may also be at risk from the state or their communities if they register their marriage. Paralegals must factor in the best interests of the child, and of all those involved, when advising on such cases. Integrity Paralegals should be held to the highest standards in all they do. This requires thorough training, effective supervision and feedback, and adequate support materials, in order to ensure all information they share is accurate and complete. It is also important to obey any local laws about what paralegals can and cannot do. If you refer clients to any organizations or service-providers or receive referrals from them, you should consider whether they meet a high standard as well. Encourage any such organizations that do not have their own ethical charter or code of conduct to adopt one.  ee 9.2 Information Sharing for more guidelines on the scope of S advice-giving by paralegals. Impartiality Your project must serve people equally regardless of who they know. Community-based paralegals are particularly vulnerable to accusations that they favored their own contacts. Establish clear guidelines regarding how to prioritize resources, such as “first come, first served,” or putting individuals with specific vulnerabilities first. Paralegals should be aware that monitoring and evaluation of their activities will likely cover community perceptions of their fairness. Establish practices to address the problem if paralegals favor their personal contacts. Fraud Fraud is a particular challenge in access to documentation work. Faced with unreasonable laws, people might make a reasonable decision to use a fraudulent document. Other might not know they have fake documents from unscrupulous agents (often called “brokers”) who sell them. Using a A C O M M U N I T Y- B A S E D P R A C T I T I O N E R ’ S G U I D E : D O C U M E N T I N G C I T I Z E N S H I P A N D OT H E R F O R M S O F L E G A L I D E N T I T Y