NGCOBO J effect to these instruments and to take all appropriate legislative and other measures to give effect to these articles. [77] Article 3 of the CRC sets out the principle that the best interests of the child are a primary consideration in all actions concerning the child. This principle was introduced because children “[b]y virtue of their relative immaturity . . . are reliant on responsible authorities to assess and represent their rights and best interests in relation to decisions and actions that affect them, while taking account of their views and evolving capacities.”73 The article specifically refers to actions undertaken by “public or private social welfare institutions, courts of law, administrative authorities or legislative bodies”. The United Nations’ Committee on the Rights of the Child has commented as follows on Article 3(1): “The article refers to actions undertaken by ‘public or private social welfare institutions, courts of law, administrative authorities or legislative bodies’. The principle requires active measures throughout Government, parliament and the judiciary. Every legislative, administrative and judicial body or institution is required to apply the best interests principle by systematically considering how children’s rights and interests are or will be affected by their decisions and actions - by, for example, a proposed or existing law or policy or administrative action or court decision, including those which are not directly concerned with children, but indirectly affect children.”74 [78] The Economic and Social Council of the United Nations has developed Guidelines on Justice Matters involving Child Victims and Witnesses of Crime 73 General Comment No. 7 (2005) of the United Nations’ Committee of the Rights of the Child at para 13. 74 General Comment No. 5 (2003) of the United Nations’ Committee of the Rights of the Child. 41

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