Four general principles
The general principles of the Convention on the Rights of the Child are of particular importance in the Convention’s implementation and interpretation. They concern non-discrimination, the best interests of the child as a primary consideration, the child’s right to life, survival and development, and respecting the child’s views.
General principles
The UN Committee on the Rights of the Child has designated four provisions of the Convention as general principles. They must be taken into account in any interpretation of the provisions of the Convention.
The general principles are:
- prohibition of discrimination (Article 2),
- the best interests of the child as a primary consideration (Article 3),
- the child’s right to life, survival and development (Article 6), and
- respecting the child’s views (Article 12).
The prohibition of discrimination, the right to life, and children’s right to influence matters pertaining to them according to their level of development are also included in the Constitution of Finland. The Ombudsman for Children has proposed that the best interests of the child should also be incorporated into the constitutional provisions on fundamental rights.
Prohibition of discrimination
Like other human rights treaties, the Convention on the Rights of the Child is based on the understanding that everyone has equal human dignity. Under Article 2 of the Convention, States have a duty to guarantee to all children the rights set forth in the Convention within their jurisdiction without discrimination of any kind.
The same rights, therefore, belong to all children, and a child must not be discriminated against on the basis of characteristics such as colour, sex, language, religion, property or disability. A child must also not be discriminated against on the basis of the characteristics of their parents (or other guardians). States have a duty both to act against discrimination and to actively promote equality.
According to the Committee on the Rights of the Child, States should also actively seek to identify groups of children for whom specific supporting measures may be required to ensure the full scope of their rights.
The best interests of the child as a primary consideration
Article 3 of the Convention on the Rights of the Child requires that, in all actions concerning a child or children, the best interests of the child must be a primary consideration. This principle applies both to decisions concerning individual children and to decisions concerning children as a group. Although the best interests of the child must always be considered, they are not the sole determining factor in all matters.
The definition of the child’s best interests is derived from the child’s rights. When assessing the child’s best interests, all of the child’s rights must be taken into account; one cannot simply select articles that one prefers or that support one’s views. Assessing and determining the child’s best interests requires a sound understanding of children’s rights.
How the child’s best interests are interpreted
The child’s best interests are always assessed in context, and the assessment inevitably involves interpretation. Evidence from research should support the assessment. When assessing the child’s best interests, the child’s (or children’s) views must also be taken into account (please see Respecting the child’s views).
The Committee on the Rights of the Child has emphasised that the child’s best interests must never be used as a basis for denying a child rights protected by the Convention. For example, practices that are incompatible with the child’s human dignity or that violate the child’s right to bodily integrity, e.g. corporal punishment, cannot, in any circumstances, be regarded as in the child’s best interests.
The Committee has recognised that the flexibility of the concept of the child’s best interests makes it vulnerable to distortion. Even governments have misused the concept, for example to justify racist political measures. Misuse of the concept can also occur in custody disputes where parents seek to advance their own interests, or where professionals neglect to carry out a proper assessment of the child’s best interests.
The right to life, survival and development
Article 6 of the Convention on the Rights of the Child guarantees every child the fundamental right to life, survival and development to the maximum extent possible. The right to life is the most basic of all human rights: without it, other human rights have no meaning. The right includes not only the prohibition on killing but also the recognition that the absence of the basic conditions for life violates the right to life.
According to the Committee on the Rights of the Child, ‘development’ must be understood as a holistic concept, encompassing the child’s physical, mental, spiritual, moral and social development, and the entire content of the Convention on the Rights of the Child. It is important to recognise that development is not only about preparing the child for adulthood; States must actively create conditions that support childhood and the child’s development in the child’s life as it is now.
Respecting the child’s views
Article 12 of the Convention on the Rights of the Child guarantees the child the right to express their views in all matters affecting them. This right belongs to both individual children and children as a group. The Committee on the Rights of the Child points out that ‘matters affecting children’ must be understood and interpreted in broad terms.
Ascertaining the child’s views is also part of assessing the child’s best interests (see The best interests of the child as a primary consideration). The child’s views must be sought and given due weight in accordance with the child’s age and level of development, which must be assessed on a case-by-case basis.
The child must be provided with sufficient information about the matter at hand to enable them to form a view. The child is not, however, obliged to express a view and may also choose not to exercise this right.
The Committee on the Rights of the Child reminds States Parties that they have a duty to ensure that the right to express views is also realised for children who, for various reasons, may find it difficult to make their views known. For example, children with disabilities must be provided with the communication tools needed to help them express their views and assisted in using them.
Taking children’s views into account has a positive effect on children’s self-esteem and encourages participation in common matters. A child who is listened to in their daily life is more likely to tell someone if they are mistreated by an adult; taking children’s views seriously is therefore also a means of protecting children.
