The Best Interest Of A Child Case Study

The child’s best interest is a fundamental principle of the Children’s Convention. Explain who decides what is best for a child.

Among four general principles of the Convention on the Rights of the Child (CRC), there is one principle remains unresolved as it is difficult to determine and is open for discussion. The principle is the Article 3 of the Convention mentioned on the child’s best interest.

In Australia, the term ‘best interest’ has been discovered thoroughly in the family law area. The Family Law Act provides the aspects that the court must consider in defining the child's best interests, beginning with any wishes articulated by the child. Aside from that, care and protection legislation in most states and territories also requires

‘Best interests’ determinations are generally made by considering a number of factors related to the child’s conditions and the parent or caregiver’s conditions and capacity to parent, with the child’s ultimate safety and well-being the supreme

As stated in the Article 12(1)(a) of Malaysian Federal Constitution, it stated that “without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth - in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of