THE BEST INTEREST OF THE CHILD AS AN INTERPRETATIVE LEGAL PRINCIPLE

Abstract

The article is devoted to the study of one of the elements of the concept of ensuring the best interests of the child. The best interest is considered as a fundamental, interpretative legal principle. Having analyzed the General Comments of the Committee on the Rights of the Child to the Convention on the Rights of the Child of 1989, relating to ensuring the best interests of the child (paragraph 1 of Article 3), the practice of international judicial bodies, domestic and foreign legal doctrine, the author attempts to determine the place of the principle under study in the system of legal principles. The subjects of interpretation are considered, as well as the elements subject to assessment when interpreting the law from the point of view of the best interests of the child. It is concluded that the principle of ensuring the best interests of the child can be attributed to a special principle of human rights law, the peculiarity of which is the fact that this principle is applicable only to children and is not applied to any other category.