| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === The Convention on the Rights of the Child, and the principle of the best interests of the child codified in Article 3, is playing a significant role in decisions involving child’s interests. Those decisions range from state’s legislation and administration policy or measure to the court’s judgement. This thesis examines the extent and content to which the best interests principle may provide a minimum standard and basis. That standard which includes both from the aspect of procedural and substantial.
In 2014, Taiwan passed the Law of Application of the Convention on the Rights of the Child, indicating that it is necessary for the government to clarify and understand its’ legal obligations from the Convention. Therefore, the government has the duty to ensure national legislation and policy are in accordance with the Convention on the Rights of the Child.
First of all, the thesis describes the nature of the concept of the best interests principle. And further, in chapter 2, it demonstrates the history and development of the child’s rights and the evolution of the principle of the best interests of the child under international law. In chapter 3, it illustrates its role and function of the principle under the Convention on the Rights of the Child. Furthermore, chapter 4 examines the meaning and scope of the best interests principle in the practice of treaty interpretation and illustrates the criteria as a minimum standard for decision makers to decide the best interests principle. Before concluding this thesis, the legal mechanism in protecting the child’s rights in Taiwan and the practice of the courts in deciding the best interests principle are analyzed.
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