The child’s best interest principle across child protection jurisdictions

Abstract

Governments have a range of steering mechanisms and incentives to guide and rein in professional use of discretion. In this study, we examine the contested ‘best interest’ principle. We study child protection legislation, providing information about how governments set a standard for decision-making about the best interests of the child in intrusive interventions. The empirical focus is the formulation of the principle of the child’s best interest as formulated in child protection legislation in 14 countries. The results reveal significant differences between countries with regard to the degree of discretionary power vested in decision-makers, the factors considered and the strength of the principle compared with other principles. The countries’ wording of the best interest principle provides direct information about government views of their responsibilities for children in need of protection and the ways in which decisions about their interests should be made.