Safeguarding Futures: The Impact of the Best Interest Principle on Children in Alternative Care - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, 13, 1 (2024) 61–82

DOI: 10.47745/AUSLEG.2024.13.1.04

Abstract. Globally, the principle of the ‘best interest of the child’ has been recognised as a crucial standard for guiding decisions affecting children. It is considered integral to both policy-making and daily practice, ensuring that the rights and needs of children are prioritised in all care-related decisions. In Slovakia, this principle is firmly embedded within both national legislation and the nation’s commitments under international law. Accordingly, this article delves into the issue of alternative care for children, particularly focusing on the application of best interest principle. By exhaustively examining historical contexts, legislative frameworks, and current practices, the research elucidates the evolution of the child welfare system and fundamental importance of prioritising children’s well-being. From tracing the origins of institutional care to analysing the contemporary landscape of foster care and adoption, the study provides a comprehensive overview of the various care options available to children isolated from their familial environment.It explores the legal provisions and procedural mechanisms guiding decision-making processes, emphasising the central role of the best interest principle in safeguarding children’s rights and ensuring their holistic development. Drawing on statistical data and case studies, the study offers insights into the current state of alternative care in Slovakia, highlighting trends, challenges, and areas for improvement.It underscores the need to reduce reliance on institutional care while promoting family-based alternatives. Consequently, the study advocates for a child-centred approach that prioritises the unique needs and circumstances of individual children. It calls for concerted efforts to embed the best interest principle into policymaking, service delivery, and societal attitudes, thereby fostering environments where children can thrive and reach their full potential.

Keywords: best interest of the child, children’s rights, alternative care, foster care, institutional care