ПРОБЛЕМ ОДРЕЂИВАЊА САДРЖИНЕ „НАЈБОЉЕГ ИНТЕРЕСА ДЕТЕТА
„THE BEST INTEREST OF THE CHILD“ – PROBLEM OF CONTENT DETERMINATION

Summary/Abstract: “The best interests of the child” notion is one of the most significant legal principles in the contemporary national legal systems, as well as in the international law, particularly due to its wide application. That legal standard is „uncrowned ruler“ of all provisions regulating the relationships concerning children, and the main criterium for reaching any decision influencing them directly or indirectly. However, when this noble goal is transferred to the field of interpretation in legal practice the problem of its not completely clear contents arises. The author analyses different approaches and means that can ease the difficulty, since it is not possible to solve it definitely. The problem of “the child’s best interests” is particularly analysed in the context of Serbian legal system which, in the absence of defined cultural model, reaches for the solutions given in the British legislation. The Preliminary draft of the Law on the Rights of the Child of 2011, in suggesting “the best interests of the child” contents, mainly follows the English Children Act (1989) solutions, combined with impact of certain influential legal theories. The author argues that the mentioned concept should include collective social and cultural values. He also advocates that different criteria should be ranked within its content, so that protection of life, health and security of the child should be the principal ones.

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