Achieving to Human rights of children through a detailed assessment of the Concept of The best interest of Child in The doctrine of international jurists

چکیده مقاله

First time, the best interests of the child in the contractual field appeared in the Convention on the Rights of the Child (1989). Aforesaid convention in all actions concerning children, whether  undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, put the benefits and health of the child as the first priority. But they do not provide any concept of the best interests of the child. This ambiguity can disrupt the decision-making process in the judicial, administrative and legal areas related to the child and deprive the child of his fundamental rights. International jurists as the advisory arm of the judiciary, legislative, administrative- Executive organs, can play an important role in conceptualization the best interests of the child. In the present study, we tried with descriptive- analytical method, first we examine the concept of the best interests of the child from the point of international jurists and then assess the best interests of the child in various areas related to the child. The results of the research indicate that the concept of the best interests of the child points to the assessment of the courts when making a decision about what kind of services, acts and orders gains to the Children.