Who is “The Child”? Best Interests and Individuality of Children in Discretionary Decision-Making

Abstract

While the substantiation of “best interests” has received much attention, the question of how “the child” is conceptualised to ensure any action taken or decision made is in the particular child’s best interests has been largely neglected. In this paper, I argue that the lack of robust understanding of who “the child” is, means that we continue to make many generalisations and category-based assumptions in determining the child’s best interests. In addressing the challenge of doing right by the individual child, I propose a three-step approach based on a theoretical model of the child that avoids presumptions about child-typical needs and insists on an assessment of the child’s individual characteristics, needs, qualities and circumstances, making it the only conceptualisation fully meeting the child centrism criterion required by children’s rights as determined by the United Nations Convention on the Rights of the Child.

Ethical Implications of e-Health Applications in Early Preventive Healthcare

“…In contrast to other approaches, this focus can help to prevent serious misjudgments about what is in the best interest of a particular child (cf. Krutzinna 2022 : 123, 127, 141).…”

“…Self-determination can be viewed as an ideal that consists of the “freedom to think, choose, and act on one’s own life path” ( Akbar 2019 : 9). This ideal implies that a person’s well-being is expressed, among other things, in living their life as they see fit and has value in the larger context of social well-being and equality ( Krutzinna 2022 : 129). However, medical needs may sometimes not comply with a person’s wishes in order to serve his or her best interests.…”

“…A thoughtful understanding of a child’s best interest is presented in a recent paper by Jenny Krutzinna (2022) . She argues that “despite a bona fide belief that we are assessing a child as a unique individual, with individual needs, traits and preferences, we continue to make many generalizations and category-based assumptions in determining the child’s best interests.” ( Krutzinna 2022 : 121) According to Krutzinna, a way out of this oversimplification and categorization of “the child” as a homogenous group is a concept that she calls the “model of the individual child” (MIC) that highlights the individuality and uniqueness of a child.…”

“…A thoughtful understanding of a child’s best interest is presented in a recent paper by Jenny Krutzinna (2022) . She argues that “despite a bona fide belief that we are assessing a child as a unique individual, with individual needs, traits and preferences, we continue to make many generalizations and category-based assumptions in determining the child’s best interests.” ( Krutzinna 2022 : 121) According to Krutzinna, a way out of this oversimplification and categorization of “the child” as a homogenous group is a concept that she calls the “model of the individual child” (MIC) that highlights the individuality and uniqueness of a child. This model does not dismiss universal and group-specific characteristics about and comparisons between children, but complements these approaches with an even more child-specific point of view that takes into account the specific character, background, likes and dislikes of the child who is thus seen as the individual person he/she is.…”

The lived experiences of children/young people in the Aotearoa‐New Zealand family court system

“…Within the literature related to children/young people within the Family Court, there appears to be a growing appreciation that children and young people benefit from being able to participate and share their views, although they may not determine the final decisions on matters that affect them (Banham, Allan, Bergman, & Jau, 2017; Birnbaum, 2017; Birnbaum & Saini, 2012; Boshier, 2006; Bradbury‐Jones, Isham, & Taylor, 2018; Campbell, 2008; Cashmore, 2011; Cherney, 2010; Clark, 2017; Crane & Broome, 2017; Damiani‐Taraba et al, 2018; Henderson‐Dekort, van Bakel, & Smits, 2022; Hill, Davis, Prout, & Tisdall, 2004; Krutzinna, 2022; Macdonald, 2017; Parkinson & Cashmore, 2020; Sargeant & Gillett‐Swan, 2019; Soo Jee, 2017; Tisdall, 2016; Tisdall et al, 2004; Walker & Misca, 2019). The literature strongly suggests that children/young people within the Family Court system want a voice, not a choice.…”