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
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières