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Chapter Summary

This is the introductory chapter of the book. Article 3 of the Convention is regarded by the Committee on the Rights of the Child as one of the general principles of the Convention. After all, Article 3(1) is about best interests, and not best rights. There are two competing theories as to the nature of rights: one emphasises will or choice, the other interest or benefit. The will theory is subscribed to by those who view the purpose of law as being to grant the widest possible means of self-expression to the individual. Individual discretion is the single most distinctive feature of the concept of rights in this view. Rights are said to be benefits secured for persons by rules regulating relationships.

Keywords: Article 3; child’s best interests; UN Convention



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