Best interests of the blah
Jun. 9th, 2008 01:34 pmA review for the UN by children’s commissioners for the UK says that British society is demonising children. My favourite part is this:
MPs and peers bat the phrase around the building all the damn time. If debates about children are a full English breakfast, “best interests of the child” is the ketchup; people inevitably reach for it, and usually end up pouring on far too much. There are other irritating verbal tics that infest people’s speeches, such as “on the face of the Bill” (you’ll find that’s been changed to “in the Bill”, my Lord; trees don’t save themselves), but none of those phrases can boast of having wormed their way into legislation without anyone noticing that they DON’T MEAN ANYTHING. You might as well bring in a Loveliness Act with strict penalties for anyone who “does not behave in a manner that is deemed to be, in whole or in part, lovely”. Yes, you’ll have proved to everyone that you would like everything to be lovely, but the resulting confusion will make everyone just that little bit worse off than they were before.
Public bodies are legally bound to put the best interests of a child first in decision-making. But the commissioners said this key legal safeguard had failed in some parts of the youth justice system for England and Wales.This may well be because the key legal safeguard does not exist, since the phrase “the best interests of the child” DOES NOT MEAN ANYTHING. It has no legal meaning. There is no way of measuring or enforcing it. The “best interests of the child” are whatever pops into the head of the person dealing with the kid at the time—which, catastrophically, usually means a social worker.
