Reconciling Children’s Best Interests and Right to be Heard

Abstract

This article explores the tension between the child’s best interests principle and children’s participation and examines the inherent challenges and different approaches to reconcile the dilemma in law and practice: how can children’s best interests be reconciled with their right to be heard? By exploring different systems’ institutional approaches and empirical ability to implement and honour children’s right to participation in national contexts, this article reviews the literature and suggests a framework for understanding participation through a lens of a global typology of child protection systems. Drawing on the conceptual and empirical reviews and elements from the deliberative ideal for decision-making, the article concludes by drawing up a sketch for a best interest model for meaningful, respectful and successful participation with global applicability. The model aims to enhance children’s citizenship and legitimacy of decision-making in child protection.