This contribution aims to investigate the systemic role of the Best Interests of the Child principle in contemporary international family law. For private international law and international human rights law, the Principle, as expression of a progressive concept of international protection of childhood, represents even now an open gamble. If, sure enough, is undeniable his normative value, legitimised by the UN 1989 Convention on the rights of children and by international and national jurisprudence, it remains to understand his functional versatility. The principle raises as a prism which permits to look at the relationships between conflict of law and human rights law in an innovative way.

The Best Interests of the Child Principle at the Intersection of Private International Law and Human Rights

Distefano M.
2019

Abstract

This contribution aims to investigate the systemic role of the Best Interests of the Child principle in contemporary international family law. For private international law and international human rights law, the Principle, as expression of a progressive concept of international protection of childhood, represents even now an open gamble. If, sure enough, is undeniable his normative value, legitimised by the UN 1989 Convention on the rights of children and by international and national jurisprudence, it remains to understand his functional versatility. The principle raises as a prism which permits to look at the relationships between conflict of law and human rights law in an innovative way.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11570/3142611
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