The Best Interests of the Child

Abstract

The study deals with the nature, interpretation and application of the notion of the child’s best interests. It is based on the requirement of special protection of children’s rights and at the same time the requirement of a certain degree of objectification of the indefinite legal concept concerning the child’s best interests. Certain problems of interpretation arise already when comparing the English original version and the Czech translation. The article focuses on these and other problems from the applicatory point of view, especially determining child’s best interest in court proceedings and related issues. Our study shows that in assessing and identifying the best interests of the child, it is above all important to recognize children’s right to self-determination and to enable them to participate in decisions that affect them. Last but not least, it criticizes the practice of using some means of evidence.