Translating the meaning- intention behind the “best interests of the child” principle in the Convention on the Rights of the Child

This chapter explores the meaning-intention underpinning the inclusion of the “best interests of the child” principle in the UN Convention on the Rights of the Child (CRC 1989). Highly criticized and controversial, this enigmatic principle triggers passionate debates globally and has been the subject of different interpretations both internationally and at the domestic level. The notion that all actions concerning children should be taken in their “best interests” appears, at first glance, uncontentious. However, the content of this principle, and how it applies to each child, and to children as a group, varies greatly, even within the same country, culture and social class. This chapter conducts a semiotic analysis of article 3 of the CRC which enshrines the Best Interests of the Child (BIC) principle, by exploring one of the Threefold Laws of Meaning devised by Lady Victoria Welby - the “meaning-intention” - as regards the adoption of the best interests as a principle of interpretation of the CRC. The focus of this chapter is the meaning-intention of the drafters when choosing how this principle would be formulated. For this purpose, we shall analyse the travaux préparatoires of the CRC which portray the discussions between various States during the drafting of this principle. The interventions of State representatives, and the negotiations that took place during the phrasing of this principle, as described in the travaux préparatoires, shall be employed to reveal underlying emotions and passions, as well as divergent viewpoints. In this context, we shall apply semioethics theory (Ponzio and Petrilli 2010) to explore the ethical role played by the drafters who delineated the content of this central principle, which is employed by courts in all matters concerning children, including education, medical decisions, custody disputes, adoption, and children in conflict with the law.