The Best Interests of the Child in Judicial Perspective: Morocco and Chile as Case-Studies (1990-2020)

Authors

Susana Sanz-Caballero, University CEU Cardinal Herrera

Abstract

Is there a common understanding in the judiciary process about what “the child’s best interests” are, regardless of geographic location or legal order? In every nation, when disputes impacting minors arise, judges emerge as the final adjudicators. Judges, as final adjudicators, appear to be in the best possible position to determine a child’s best interests and apply the notion fairly and appropriately. However, the concept of a child’s “best interests” is far from uniform, varying across cultures and individual family dynamics. It is an invaluable exercise to review the national case law of different countries to test whether the concept and its application are as definitive as one might suppose. This article examines the judicial practices of two countries—Morocco and Chile—in applying the “best interests of the child” standards in judicial contexts from 1990 to 2020. The purpose of this analysis is twofold: first, to clarify the concept of the “best interests of the child,” as referenced in General Comment (“GC”) number fourteen of the Committee on the Rights of the Child; and second, to identify the similarities and divergences of the interpretation of the “best interest of the child” standard, as applied in different courts worldwide.

First Page

25

Recommended Citation

Susana Sanz-Caballero, The Best Interests of the Child in Judicial Perspective: Morocco and Chile as Case-Studies (1990-2020), 44 CHILD. LEGAL RTS. J. 25 (2024).
Available at: https://lawecommons.luc.edu/clrj/vol44/iss1/3