THE BEST INTEREST OF THE CHILD AS A SUBSTANTIVE RIGHT

Abstract

The article is devoted to the study of one of the elements of the concept of ensuring the best interest of the child. The best interest is considered as A substantive right. Based on the comments of the Committee on the Rights of the Child to Article 3 of the Convention on the Rights of the Child of 1989, the practice of international judicial bodies, domestic and foreign legal doctrine, the author attempts to determine which category of human rights the law under study belongs to. The conclusion is made about the complexity of the best interest of the child as a substantive right, including elements of both positive and negative right, and is also an individual and collective right. Perceived primarily as an interpretive principle, the best interest of the child should undoubtedly be attributed to the inalienable right of the child, requiring an individual approach in each specific case.