The Best Interest of the Child: A Critical Analysis of the Principle in Child Welfare

Decision-Making
Dissertation overview
By
YASHIKA BALUTIA
(B.B.A.LL.B Hons.)

INTRODUCTION
The principle of the "best interest of the child" is a cornerstone of child welfare decision-
making, guiding judges, social workers, and policymakers in determining the care and
placement of children. However, the interpretation and application of this principle remain
contested, with debates surrounding its meaning, scope, and implications.
The concept of the best interest of the child is rooted in the idea that children have unique
needs and vulnerabilities that require special protection and care. The principle is intended to
ensure that decisions made on behalf of children prioritize their physical, emotional, and
psychological well-being and promote their long-term development and happiness.
However, the interpretation and application of the best interest principle remain contested and
complex. Different stakeholders, including parents, caregivers, social workers, and judges,
may have competing views on what constitutes a child's best interest. Moreover, the principle
must be balanced against other competing interests, such as parental rights, family unity, and
cultural and community ties.

Literature overview
1. King, M. (1997). A better world for children? Explorations in morality and authority.
Routledge.
Despite its widespread acceptance, the best interest principle is not without challenges and
controversies. Critics argue that the principle is vague and subjective, allowing for
inconsistent and biased decision-making
2. Alston, M., & Bowles, W. (2013). Research for social workers: An introduction to
methods. Routledge.
The best interest principle must be applied in a culturally sensitive and contextual manner.
Different cultures and communities may have varying values and beliefs regarding child-
rearing and family relationships (Alston & Bowles, 2013). Decision-makers must consider
these cultural and contextual factors when applying the best interest principle.
3. United Nations Convention on the Rights of the Child (CRC). (1989).
https://www.ohchr.org/en/professionalinterest/pages/crc.aspx
 The concept of the best interest of the child is rooted in the idea that children have unique
needs and vulnerabilities that require special protection and care. The United Nations
Convention on the Rights of the Child (CRC) enshrines this principle, stating that "the
best interests of the child shall be a primary consideration" in all actions concerning
children (CRC, 1989). The CRC also recognizes the child's right to protection from all
forms of violence, exploitation, and abuse.
4. Rhoades, H. (2016). Family law and the indissolubility of parenthood. Journal of
Family Issues, 37(14), 3511-3534.
The best interest principle is a complex and contested concept in child welfare decision-
making. While it provides a framework for prioritizing the needs and well-being of
children, its interpretation and application are influenced by various theoretical, practical,
and cultural factors. Further research is needed to explore the challenges and
controversies surrounding the best interest principle and to develop more nuanced and
contextual approaches to its application.
5. Roberts, D. (2002). Shattered bonds: The color of child welfare. Basic Books.
The best interest principle is applied in various child welfare contexts, including child
protection, adoption, and family law. In child protection cases, the principle guides
decision-making regarding removal, placement, and reunification
6. Selwyn, J., & Quinton, D. (2016). The adoption process: A review of the literature.
Adoption & Fostering, 40(1), 5-23.
In adoption cases, the principle is used to determine the most suitable adoptive placement
for a child.
7. Smart, C. (1991). The legal and moral subject: Identity, psychoanalysis, and the law.
Philosophical Explorations, 4(2), 131-146.
In family law cases, the principle guides decision-making regarding custody, access, and
parenting arrangements. Feminist scholars argue that the best interest principle is often used
to justify patriarchal and paternalistic decision-making, prioritizing the interests of fathers
and other male caregivers over those of mothers and children.
RESEARCH GAP
1. Lack of clarity on the concept of "best interest": Despite its widespread use, the concept of
"best interest" remains poorly defined and theoretically underdeveloped.
2. Insufficient consideration of children's rights and agency: Research has largely focused on
the role of adults in determining the best interest of the child, with insufficient attention to
children's own rights and agency.
3. Limited exploration of the intersectionality of child welfare decision-making: Research has
largely neglected the ways in which intersecting factors such as race, class, gender, and
disability shape child welfare decision-making.
OBJECTIVES
1. To critically examine the concept of the best interest of the child and its application in child
welfare decision-making: Analyze the theoretical foundations, historical development, and
current applications of the best interest principle.
2. To identify the strengths and limitations of the best interest principle in child welfare
decision-making: Evaluate the effectiveness of the principle in promoting the well-being and
safety of children, and identify areas for improvement.
3. To explore the perspectives and experiences of children, families, and professionals
involved in child welfare decision-making: Investigate how different stakeholders understand
and apply the best interest principle, and identify potential areas of conflict or tension.
CHAPTERIZATION
Chapter 1: Introduction
- Introduce the research topic and provide an overview of the project
- background information on the best interest principle and its significance in child welfare
decision-making
Chapter 2: Meaning and definitions

Chapter 3: Literature Review