Ariticle3Best interests of the child
- In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
- States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.
- States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.
This article establishes the principle of “the best interests of the child” in all aspects relating to children. It also stipulates that States Parties must take the necessary measures to this end and that institutions and staff working on behalf of children must meet set standards.
Details stipulated in the article
Paragraph 1 establishes that the best interests of the child must be the primary consideration in any activity involving children. The principle of prioritizing “the best interests of the child” must be adopted not only by public and private welfare institutions and administrative bodies (government and local authorities) but also as a criterion for judicial decisions (courts) and legislative acts (the Diet).
Paragraph 2 stipulates that the State must provide the necessary protection and care for the child, considering the rights and obligations of parents and guardians in relation to childcare and that it must take legislative and administrative measures to this end. This paragraph clarifies the State's responsibility for the protection and care of children on the basis of the child's right to be cared for by his or her parents or guardians, the parents' responsibility and right to provide guidance to the child and their responsibility for the child's upbringing.
Section 3 provides for the State to ensure that agencies, institutions and services with direct responsibility for the care and protection of children comply with established standards, particularly with regard to safety and health, as well as the number of staff, their qualifications and the supervision of staff.