Children’s Rights in Brief #2 – The Best Interests of the Child

The Ombudsman for Children’s Office (OCO) is an independent statutory body, which was established in 2004 under the Ombudsman for Children Act 2002 (2002 Act). Under the 2002 Act, as amended, the OCO has two core statutory functions:

• to promote the rights and welfare of children up to 18 years of age; and
• to examine and investigate complaints made by or for children about the administrative actions of public bodies, schools and voluntary hospitals that have, or may have, adversely affected a child.

This briefing is second in a series that the OCO is producing to raise awareness of children’s rights under the United Nations Convention on the Rights of the Child (UNCRC).1 We are creating this series in line with our duties:

• to encourage public bodies to develop policies, practices and procedures designed to promote the rights and welfare of children (section 7(1)(b) of the 2002 Act); and
• to collect and disseminate information on matters relating to children’s rights and welfare (section 7(1)(c) of the 2002 Act).

Three Takeaways

1. The best interests of the child is one of the four general principles of the UNCRC. The UN Committee on the Rights of the Child has identified upholding children’s best interests as vital to ensuring children’s full and effective enjoyment of all their rights under the UNCRC.

2. The State is obliged to ensure that the best interests of the child are treated as a primary consideration in all actions affecting children, including actions taken by public authorities, including the courts, and the private sector.

3. Under Article 42A.4.1° of the Constitution of Ireland, laws must be adopted that require proceedings relating to child protection and care, adoption, guardianship, custody and access, to treat the child’s best interests as the paramount consideration.