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23 Int'l J. Child. Rts. 3 (2015)
The Role of the Best Interests Principle in Decisions Affecting Children and Decisions about Children

handle is hein.journals/intjchrb23 and id is 7 raw text is: .10,, Tm L',,N.mx . # JotU~MA OF INTERNATIONAL JOURNAL OF CHILDREN'S RIGHTS BRILL 23 (2015) 3-26 N IJ HOFF brill.com/chil The Role of the Best Interests Principle in Decisions Affecting Children and Decisions about Children John Eekelaar Emeritus Fellow, Pembroke College, Oxford john.eekelaar@law.ox.ac uk Abstract The principle of the best interests of the child is firmly established and operates across a wide range of circumstances. The generally accepted view is that the principle demands decision makers to seek the best outcome for the children concerned, but that this has to be weighed against other interests. This leads to a very open-ended process. This article picks up on a distinction made, but not developed, between decisions about children and decisions about other matters which affect children indirectly. This dis- tinction could be helpful in providing a better structure for these decisions. It is also shown that this structure is reconcilable with Article 8 of the European Convention. Keywords children - best interests - European Convention, Article 8 - deportation - immigra- tion - relocation - Brussels II R - child abduction Introduction The Problem As is well known, Article 3(1) of the United Nations Convention on the Rights of the Child (UNCRC) states that- In all actions concerning children, whether undertaken by public or pri- vate social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. @ KONINKLIJKE BRILL NV, LEIDEN, 2015 1 DOI 10.1163/15718182-02301003

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