Implementing Article 3 of the United Nations Convention on the Rights of the Child Best Interests, Welfare and Well-being

The UN Convention on the Rights of the Child is acknowledged as a landmark in the development of children's rights. Article 3 makes the child's best interests a primary consideration in all actions concerning children and requires States Parties to ensure their care and protection. This volume, written by experts in children's rights from a range of jurisdictions, explores the implementation of Article 3 around the world. It opens with a contextual analysis of Article 3, before offering a critique of its implementation in various settings, including parenting, religion, domestic violence and baby switching. Amongst the themes that emerge are the challenges posed by the content of 'best interests', 'welfare' and 'well-being'; the priority to be accorded them; and the legal, socioeconomic and other obstacles to legislating for children's rights. This book is essential for all readers who interact with one of the Convention's most fundamental principles.

Notes on contributors; Preface; Introduction Elaine E. Sutherland and Lesley-Anne Barnes Macfarlane; Part I. Best Interests, Welfare and Well-being: A Contextual Overview: 1. Article 3 of the United Nations Convention on the Rights of the Child: the challenges of vagueness and priorities Elaine E. Sutherland; 2. The best interests of the child: a gateway to children's rights? Ursula Kilkelly; 3. Conflict between human rights and best interests of children: myth or reality? Janys M. Scott; 4. Final appeal courts and Article 3 of the United Nations Convention on the Rights of the Child: what do the best interests of the particular child have to do with it? Mark Henaghan; Part II. Confronting the challenges of article 3: 5. Two dimensions of the best interests principle: decisions about children and decisions affecting children John Eekelaar; 6. A developmental equality model for the best interests of children Nancy E. Dowd; 7. A long lesson in humility? The inability of childcare law to promote the well-being of children Alison Cleland; Part III. Best Interests and Bestowing Parentage: 8. Serving best interests in 'known biological father disputes' in the United Kingdom Lesley-Anne Barnes Macfarlane; 9. Surrogacy in the United Kingdom: an inappropriate application of the welfare principle Kenneth McK. Norrie; 10. Baby switching: what is best for the baby? Trynie Boezaart; 11. Primacy, paramountcy and adoption in England and Scotland Brian Sloan; 12. Article 3 and adoption in and from India and Nepal Richard Whitecross; Part IV. Parenting Disputes and the Best Interests of the Child: 13. Canada's controversy over best interests and post-separation parenting Nicholas Bala; 14. In harm's way: the evolving role of domestic violence in the best interests analysis D. Kelly Weisberg; 15. The best interests of the child when there is conflict about contact Linda D. Elrod; 16. Relocation disputes following parental separation: determining the best interests of the child Nicola Taylor; Part V. Best Interests and State Intervention: 17. Making best interests significant for children who offend: a Scottish perspective Claire McDiarmid; 18. The child's best interests and religion: the Holy See's best interests obligations and clerical child sexual abuse Ioana Cismas; 19. 'Best interests' in care proceedings: law, policy and practice Judy Cashmore; 20. Judicial discretion and the child's best interests: the European Court of Human Rights on adoptions in child protection cases Marit Skivenes and Karl Harald Søvig; Appendix 1. The United Nations Convention on the Rights of the Child; Appendix 2. The United Nations Committee on the Rights of the Child, General Comment No. 14 on the right of the child to have his or her best interests taken as a primary consideration (art 3, para 1), CRC/C/GC/14 (2013); Index.

Elaine E. Sutherland is Professor of Child and Family Law at the Law School, University of Stirling, Scotland, and Distinguished Professor of Law at Lewis and Clark Law School, Oregon.
Lesley-Anne Barnes Macfarlane is Lecturer in Child and Family Law at Edinburgh Napier University and has practised as a solicitor in Scotland, specialising in child and family law.