110.
Concerning this principle, the I/A Court of H.R. has held that the best interests of the child are rooted in
the very dignity of human beings, in the characteristics proper to children, and in the need to foster their
development. making the most of their potential. 120 It has also considered that "Any state, social, or family
decision curtailing the exercise of any right of a child must take into account the best interests of the child and
abide strictly by the provisions in force in that regard."121 It has further asserted that the best interests principle
"entails both its priority consideration in the design of public policies and the drafting of laws and regulations
concerning childhood, and in its implementation in all the spheres that related to the life of the child."122
111.
The European Court of Human Rights has considered, in connection with an international abduction
procedure under the Hague Convention, that Article 8 of the European Convention was violated with regard to
the right to private and family life when domestic courts failed to conduct an in-depth analysis in order to evaluate
the best interests of the child.123
Right of the child or adolescent to be heard and to take part in
decisions affecting them
112.
In the report on the Right of Boys and Girls to a Family,124 the Commission observes that Article 8.1 of
the American Convention and Article XXVI of the American Declaration uphold everyone's, including children's,
right to be heard, in proceedings determining their rights: a right that, in its view, must be interpreted in light of
Article 12 of the Convention on the Rights of the Child. It adds that, the provision of Articles 8 and XXVI, including
the right to be heard, are applicable to judicial proceedings and to administrative proceedings establishing
people's rights, and involve taking timely steps in connection with the proceeding to facilitate adequate
participation by the child. so that it has a real opportunity to present his or her views in such a way as to be able
to influence any decision taken.
113.
The right of the child or adolescent to be heard is upheld in Article 12 on the Rights of the [Convention]
on the Rights of the Child,125 which establishes that:
1. States Parties shall assure to the child who is capable of forming his or her own
views the right to express those views freely in all matters affecting the child, the
views of the child being given due weight in accordance with the age and maturity of
the child.
2. For this purpose, the child shall in particular be provided the opportunity to be
heard in any judicial and administrative proceedings affecting the child, either
directly, or through a representative or an appropriate body, in a manner consistent
with the procedural rules of national law.
114.
As indicated in General Comment No. 12 of the Committee on the Rights of the Child regarding "The Right
of the Child to be Heard," 126 "The purpose of article 3 is to ensure that in all actions undertaken concerning
children, by a public or private welfare institution, courts, administrative authorities or legislative bodies, the
best interests of the child are a primary consideration.” That Comment likewise establishes that "The best
interests of the child is similar to a procedural right that obliges States parties to introduce steps into the action
I/A Court H.R. Case of Ramírez Escobar et al. v. Guatemala. Merits, Reparation, and Costs Judgment of March 9, 2018. Series C No. 351,
paragraph 152.
121 I/A Court H.R. Case of Furlan and Family v. Argentina. Preliminary Objections, Merits, Reparations, and Costs. Judgment of August 31,
2012, Series C No. 246, par. 126.
122 I/A Court H.R. Rights and Guarantees of Children in the Context of Migration and/or in Need of International Protection, Advisory
Opinion OC-21/14 of August 19, 2014. Series A No. 21, paragraph 70; I/A Court H.R. Juridical Condition and Rights of the Undocumented
Migrants, Advisory Opinion OC-18/03 of September 17, 2003, Series A No. 18, second decisive point.
123 European Court of Human Rights. Case of Karrer v. Romania, (Application no. 35853/04). Judgment of June 12, 2006. February 21, 2012.
124 The Right of Boys and Girls to a Family. Alternative care. Ending Institutionalization in the Americas. OEA/Ser.L/V/II. Doc. 54/13.
October 17, 2013, par. 247.
125 Convention on the Rights of the Child, Adopted and opened for signature and ratification by the General Assembly in its resolution 44/25
of 20 November 1989.
126 General Comment No. 12 of the Committee on the Rights of the Child on "The right of the child to be heard." CRC/C/GC/12. July 20, 2009
120