The Concept of the “Best Interests” of the Child and its Application in Family Affairs

Abstract

The article will illustrate an important role of the “best interest” concept of the child regarding realization and protection of children’s rights. It will concentrate on the way of its practical application together with the difficulties arising around the concept, particularly in family related cases, where a child is in a need of special care and treatment. After determining the role of the “best interest” concept regarding realization of children’s rights, its subsequent problems of interpretation and deter-mination, the paper will try to answer the question whether the concept is in fact an effective mechanism in guaran-teeing protection of their rights.