Revisiting the Principle of the Best Interests of the Child in the Law on Children: Its History, Meaning, Legal Prescriptions and Minimum Operational Standards
Author Elisha Z Ongoya and Ibrahim K Alubala
ISSN: 2521-2613
Affiliations: Advocate of the High Court of Kenya; Partner, Ongoya & Wambola Advocates; Lecturer and Acting Head of Department of Public Law, Kabarak University; Advocate of the High Court of Kenya; Advisor, Child Rights Governance, Save the Children International, Kenya Country Office
Source: Africa Nazarene University Law Journal, 2014, Issue 1, p. 62 – 82
Abstract
At the centre of the legal regime for the protection and welfare of children are a number of principles. A key principle is one on the best interests of the child. This article interrogates the historical origins of this principle. The article then looks at the same principle as prescribed by international and Kenyan legal instruments and as applied by international and Kenyan juridical institutions.