Bettering the Best Interests of the Child Determination: Of Checklists and Balancing Exercises

Abstract

The paper compares European Court of Human Rights (ECtHR) and uk court judgments on cross-border nationality cases concerning children and wholly domestic family law cases regarding children (without the cross-border element). It identifies different legal standards that apply to the well-being of children such as the best interests principle and the welfare principle and maps how successful these standards are in bringing in the views of children. It appears that cross-border nationality cases are unable to consider the interests of children as seriously as the wholly domestic family law cases. The domestic court approach of welfare brings in children’s views more effectively than nationality cases in domestic courts or at the ECtHR. It would benefit children if a rigorous best interests determination is carried out in nationality proceedings and a welfare approach is adopted consistent with family law cases.

Age is Just a Number? Supporting Migrant Young People with Precarious Legal Status in the UK

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K.H Ahmad Dahlan’s Vision on The Rights of Child in Education

“…Furthermore, to ensure the continuity of sustainable community development, it is important to return to the children, namely that schools should be used as places for forming future societies to be raised and developed [9]. This is to ensure that the decision-making process is in line with the conditions of sustainable social development.…”