Protecting the best interests of children ' Should more focus be placed on professional competence than childrens competence?

• Author: Mr Maithri Panagoda and Medini Angammana
• Law Firm: Carroll & O'Dea
• Published date: 15 February 2023

'. if, in fact, that's what they're saying, then they don't get to say that. They're 12 and 14 years old. They're kids'.¹

In an ironic turn of events, this statement was made by Jack and Jennifer Edwards 'best interests representative', the Independent Children's Lawyer (ICL). On the afternoon of 5^th July 2018, Jack and Jennifer met a tragic end as their father fired 10 gunshots at the children whilst they hid under Jack's desk.² In the aftermath of their death, central to the scrutiny of the role of the ICL was if professionals give due weight to a child's views in establishing their best interests.

The best principles concept in an international and domestic sphere

The Convention on the Rights of the Child (1989) ('CRC'),³ has become the foundation for recognising the significance of a child's views. It establishes children as 'autonomous rightsholders'.⁴This is reflected in article 3 of the CRC, which highlights that the child's best interests are to be the 'primary consideration' in 'all actions concerning children'.⁵ Article 12 provides concrete protection for the right of children to participate in decision-making for all matters concerning them.⁶ The United Nations Committee on the Rights of the Child (UNCRC) has noted that this article is, '..connected to all other articles of the Convention, which cannot be fully implemented if the child is not respected as a subject with her or his own views on the rights enshrined in the respective articles and their implementation'.⁷ Essentially, it is a 'gateway' for other protections as it affects the...