КРИТЕРИЈУМИ ЗА ПРОЦЕНУ НАЈБОЉЕГ ИНТЕРЕСА ДЕТЕТА У ПОСТУПЦИМА ЗА ЗАШТИТУ ПРАВА ДЕТЕТА
CRITERIA FOR ASSESSING THE BEST INTERESTS OF THE CHILD IN PROCEEDINGS FOR THE PROTECTION OF CHILDREN’S RIGHTS

Summary/Abstract: The principle of the best interests of the child is one of the four fundamental guiding principles underlying the system for the protection of children’s rights under the auspices of the United Nations and the Convention on the Rights of the Child (CRC). It constitutes a general principle, a flexible concept/term to which legal practitioners attribute specific meaning in each unique case. The Family Law of the Republic of Serbia and the Convention on the Rights of the Child both lack a definition of this principle, leaving ample room for assessing the child’s best interests in concreto, i.e., in the scope of a specific case. In this regard, legal practitioners find valuable guidance in General Comment No. 14 (2013) by the Committee on the Rights of the Child, which clarifies the concept of the child’s best interests. This document establishes objective criteria as guiding principles all decision-makers should adhere to in in matters concerning children. In addition to examining the prevalent perspectives within legal theory and regulations concerning criteria for assessing a child’s best interests, this paper will also explore predominant viewpoints found in the judicial practice within the legal system of the Republic of Serbia in this domain.

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