The Right to the Best Interests of the Child in Judicial Decision-Making: Legal Foundations, Interpretative Challenges, and Implementation Mechanisms

Background and Aims: The principle of the best interests of the child is a cornerstone of international child rights law, enshrined notably in Article ۳(۱) of the Convention on the Rights of the Child. However, despite its normative significance, the operationalization of this principle in judicial decision-making remains inconsistent and often opaque. The main objective of this study is to examine the legal status of the best interests of the child as a right in judicial contexts, identify the interpretative and procedural challenges in its application, and propose mechanisms to ensure its effective realization in judicial systems. Method: This research adopts a qualitative and analytical approach, using doctrinal legal analysis alongside comparative review. International human rights instruments, general comments of the CRC Committee, and selected case law from domestic and international courts form the primary sources of data. A comparative lens is applied to assess implementation practices in diverse legal systems, with particular attention to procedural safeguards and child participation. Finding: The study demonstrates that the best interests of the child, when treated as a substantive right, a rule of procedure, and a principle of interpretation, acquires multidimensional significance in judicial settings. Nonetheless, the absence of standardized criteria and insufficient child-sensitive procedures often lead to inconsistent or superficial applications. The findings highlight the need for explicit legal frameworks, judicial training, and mechanisms that ensure the systematic assessment, reasoning, and documentation of the best interests principle in court rulings. Conclusion: Recognizing the best interests of the child as an enforceable right within judicial decision-making is essential for upholding the child’s dignity and ensuring justice tailored to their unique needs. Strengthening procedural safeguards, including child participation and multidisciplinary evaluations, is critical to realizing

کلیدواژه ها:

Child Rights ، Best Interests of the Child ، Judicial Decision-Making ، Legal Foundations ، Implementation Mechanisms