Best Interests Of The Child Principle - PDF

Summary

This presentation discusses the best interests of the child principle, a cornerstone of child rights law. It explores how this principle applies in various situations, such as repatriation and family reunification cases, and highlights the importance of considering the specific needs and perspectives of children.

Full Transcript

GOOD MORNING PRAY ER ATTENDA NCE Exerci se Motivati Jumbled Letters ATIC ON ACTI ON BS ET BE ST ITESRE NT INTER EST PINCIR LPE PRINCIP LE CIH LD CHI LD 1. Recognize that the child's best interest is e c t i v a fundamental principle and u...

GOOD MORNING PRAY ER ATTENDA NCE Exerci se Motivati Jumbled Letters ATIC ON ACTI ON BS ET BE ST ITESRE NT INTER EST PINCIR LPE PRINCIP LE CIH LD CHI LD 1. Recognize that the child's best interest is e c t i v a fundamental principle and understand its O b j significance in variouscontexts, including displacement scenarios. es 2. Learn how to assess and prioritize the best interests of individual children and understand how this principle extends to groups of children, considering diverse needs and circumstances 3. Develop competencies to make informed decisions in complex situations and balance legal, ethical, and practical considerations while safeguarding children's well-being Action in the Best interest of Introduction The principle of the "best interests of the child" is a cornerstone of child rights law. This fundamental concept, enshrined in international treaties like the United Nations Convention on the Rights of the Child (UNCRC), mandates that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies, the best interests of the child shall be a primary consideration. What does "best interests of the child" mean? ????? It's more than just a legal phrase; it's a guiding principle that should inform every decision made about a child's life. This principle implies that: The child's well-being is paramount. This includes their physical, mental, emotional, and social well-being. The child's views should be considered. While adults make decisions, children should have a voice in matters that affect them, especially as they grow older. The child's unique circumstances should be taken into account. Every child is different, and decisions should be tailored to their specific needs and situation. the best interest of the child principleis a valuable tool for impact assessment and monitoring in programming, because children are more physically vulnerable than adults, when decision are made that affect a population. Generally weight must be given to assesing the impact on the youngest members, because children are still developing. Conditions that pose hardship or discomfort for adults may have serious long term consequenses for children and when authorities make decisions concerning a child or children as a group, theirbest interest must be a primary basis for the decisions. The best interest principles has been criticized because it does provide detailed guidance on how to determine what action, in fact,is inthe best interest of a child or group of children. 1 2 Why is this principle 3 important? 4 5 Protects children's rights: It ensures that children are not exploited, abused, or neglected. Promotes 1 child development: It fosters a positive environment for children to grow and thrive. Ensures 2 justice for children: It guarantees that children's voices are heard and their rights are upheld. 3 By prioritizing the best interests of the child, we can create a world where every child has the opportunity to reach their full potential. 4 5 Thank you for listening! THE "BEST INTERESTS" PRINCIPLE APPLIED TO INDIVIDUALS AND GROUPS THIS IMPORTANT PRINCIPLE SHOULD BE APPLIED BOTH TO DECISIONS RELATING TO INDIVIDUAL CHILDREN, AND TO BROADER POLICY MATTERS AND DECISIONS RELATING TO GROUPS OF INDIVIDUAL BEST CHILDREN. INTERESTS DECISIONS WILL NEED TO BE MADE IN A WIDE RANGE OF DIFFERENT SITUATIONS, OFTEN RAISING DIFFICULT ISSUES AND DILEMMAS. SUCH SITUATIONS MAY INCLUDE THE FOLLOWING. Repatriation situations: as with adults, separated children can have legitimate claims to refugee status which must be considered before they can be sent back as part of a larger repatriation movement. Sometimes adolescents may have needs and opinions different from those of their families, and these need to be taken into account when Family reunification situations where a decision needs to be made about the possibility of a separated child living, for example, with grandparents in the country of origin, an uncle in a second country of asylum or remaining with an unrelated family in a refugee situation. Situations where abuse or exploitation have been revealed: for example, is it in the best interests of a teenage girl who has alleged Group situations can also raise questions of the Best Interests of children. in refugee contexts, the following are some examples of situations which may emerge. In some displacement situations basic education has been denied to children because the availability of schooling was seen to discouraging families from repatriating. Such a policy may be As a displaced population progresses toward self- suffi ciency, decisions must be made about how and when to reduce food rations. The Best Interests principle may be useful in ensuring that the specifi c needs of children are continuing to be met. In situations where there is ongoing confl ict, diffi cult decisions may have to be made about whether to assist the population where they are or to arrange to move some or all members to a safer location. Sometimes other groups organize an evacuation and UNHCR must decide whether to participate, if only to reduce the likelihood of The large-scale demobilization of former child soldiers may raise questions about whether they should be allowed to return directly to the families (where this is possible) or whether they should all fi rst be admitted into some form of residential interim or transit KEY OBJECTIVES OF BEST INTERESTS DECISION T I VE S O B E J C KE Y B E S T O F T E R E S T THE KEY OBJECTIVES IN IS I O N INVOLVED IN DE C ASSESSING THE BEST INTERESTS OF CHILDREN CONSIST OF THE FOLLOWING: KEY OBJECTIVES OF BEST INTEREST DECISION 1. ENSURE THEIR PROTECTION- BOTH IN TERMS OF PHYSICAL SAFETY AND LEGAL RIGHTS KEY OBJECTIVES OF BEST INTEREST DECISION 2. ENSURE THAT CARE ARRANGEMENTS PROVIDE FOR BOTH THEIR PHYSICAL AND EMOTIONAL NEEDS KEY OBJECTIVES OF BEST INTEREST DECISION 3. PROVIDE FOR THEIR ONGOING DEVELOPMENTAL NEEDS PSYCHOLOGICAL, SOCIAL, EDUCATIONAL AND PHYSICAL, BOTH FOR THE IMMEDIATE FUTURE AND IN THE LONG-TERM KEY OBJECTIVES OF BEST INTEREST DECISION 4. PROVIDE FOR THEIR PARTICIPATION IN THESE DECISIONS, IN KEEPING WITH THEIR MATURITY AND CAPACITY KEY OBJECTIVES OF BEST INTEREST DECISION 5. PUT THEIR SAFETY AND WELFARE AHEAD OF ALL OTHER CONSIDERATIONS. Group Activity Directio n: THANK YOU!

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