Popular use of the phrase best interests of the child has led many to believe that the meaning and definition of best interests has been thoroughly investigated in the respective sectors working with children. However, research in this area tends to be superficial and generalized and the concept remains inconsistently defined. Article 3 of the United Nations Convention on the Rights of the Child states the best interests of the child is to be a primary consideration in all actions concerning children. There is no straightforward way for the best interests of the child to be systematically studied, understood, or applied if there is not a commonly held or accepted conception of what is in the child’s best interests or measurable standards for those human service executives working with children. The purpose of the study was to identify Saskatchewan human service executives’ insights with respect to the best interests of the child principle as these inform practice, policy, and research in human services and, secondly, to examine their perceptions of moral purpose, agency, and efficacy in the application of the BIC principle, as delineated by the UN Committee in the Concluding Observations on the Combined Third and Fourth Periodic Report of Canada, (United Nations, 2012). A qualitative approach, comprised of general interviews with 11 Saskatchewan human service executives, was used to collect data for this study. Using Hood (2007) and Thomas’ (2006) Generic Inductive Qualitative Method (GIQM) approach for coding, data were categorized from interviews using an inductive approach to developing categories and sub-categories to answer the research questions. Reduced data were interpreted and synthesized by the researcher using extant public documents and literature to triangulate results. Exploration of human service executives’ perceptions in this study revealed a number of insights. Human service executives’ conceptions of the best interests of the child were described in detail and a description of the contemporary Childscape of Saskatchewan emerged. The data revealed that many conceptions of the BIC principle existed and although similarities appeared within sectors, the similarities were mainly due to the sector-specific policies and legislation informing human service. Furthermore, human service executives provided descriptions that add to existing theory about decision making on behalf of the BIC and moral purpose, moral agency, and moral efficacy. Implications for future research entail the adoption of intentional planning, collaboration, and incorporating children’s voice into the processes surrounding the BIC in Saskatchewan in an effort to ensure the future Childscape of Saskatchewan is better than the realities described at the time of this study.

The best-interests principle is a widely used ethical, legal and social basis for policy and decision-making involving children [italics added] (Kopelman, 1997). In response to modern ethical leadership, a growing number of academics have examined the relationship between the best interest principle and decision making (Cranston, 2006; Tirri, 1999, 2001, 2002). Shapiro and Stefkovich (2001) and Stefkovich (2006) responded to this interest with two educational ethical decision making models where best interests are central. The models incorporated foundational works like Starratts (1994) multidimensional ethical framework and Walkers (1998) jurisprudential and ethical perspectives. Additionally, Stefkovich (2004, 2006) sought to include jurisprudential constructs such as rights, responsibilities and respect . However, despite the academic attention for best interests, only a small number of empirical studies have been conducted (Frick, 2006; Shapiro & Stefkovich, 2001; Stefkovich, 2006). The purpose of this research was to examine the best interest(s) principle through an investigation of theory, practice and professional praxis and thus to identify the common use and understanding of the best interests principle in Canadian in-school administrative practice. Quantitative and qualitative methods were used in this study. Research methodology consisted of self-report, structured questionnaires including both closed attitudinal and open ended questions and a semi-structured focus group interview. A best interests questionnaire was embedded in a larger study entitled Moral Agency and Trust Brokering: Challenges of the Principal and distributed to a stratified sample of Canadian in-school administrators. The data was subjected to both descriptive statistical and thematic analysis.<p> The findings revealed a compelling image of the best interests principle in educational administrative practice. Analyses of the data revealed two categories of thought: (a) broad conceptualizations and general perspectives toward defining best interests and (b) general methodological considerations or approaches to applying best interests principle. The best interests of the student(s) was broadly conceptualized and defined as three major categories of thought: best interests as core good, best interests as good pedagogy, and best interests as holistic.<p> Additionally, three methodological considerations were identified as contributing toward the application of the principle: stakeholders influence, contextual considerations and relational aspects. Respondents preferred to define best interests in caring and collective terms. Analysis revealed simultaneously narrow and broad interpretations of interests. Implications for theory supported a modified professional ethic and best interests model that balances the ethical paradigms of care, critique, justice and community with the jurisprudential constructs of responsibility, respect and rights. Two central dichotomies emerged within interpretations of the best interests principle in the ethical and jurisprudential literature forming a matrix of best interests: individual v. collective and subjective v. objective. This study placed the respondents centered on the continuum between individual and communal and subjective and objective.<p> The findings of this study indicated that continued best practices in ethical decision making pedagogy would serve to augment the findings of this study. Likewise, continued research in the area of multiple ethical paradigms, ethical leadership and ethical decision making among in-school administrators would serve to extend the findings of this study.

The best-interests principle is a widely used ethical, legal and social basis for policy and decision-making involving children [italics added] (Kopelman, 1997). In response to modern ethical leadership, a growing number of academics have examined the relationship between the best interest principle and decision making (Cranston, 2006; Tirri, 1999, 2001, 2002). Shapiro and Stefkovich (2001) and Stefkovich (2006) responded to this interest with two educational ethical decision making models where best interests are central. The models incorporated foundational works like Starratts (1994) multidimensional ethical framework and Walkers (1998) jurisprudential and ethical perspectives. Additionally, Stefkovich (2004, 2006) sought to include jurisprudential constructs such as rights, responsibilities and respect . However, despite the academic attention for best interests, only a small number of empirical studies have been conducted (Frick, 2006; Shapiro & Stefkovich, 2001; Stefkovich, 2006). The purpose of this research was to examine the best interest(s) principle through an investigation of theory, practice and professional praxis and thus to identify the common use and understanding of the best interests principle in Canadian in-school administrative practice. Quantitative and qualitative methods were used in this study. Research methodology consisted of self-report, structured questionnaires including both closed attitudinal and open ended questions and a semi-structured focus group interview. A best interests questionnaire was embedded in a larger study entitled Moral Agency and Trust Brokering: Challenges of the Principal and distributed to a stratified sample of Canadian in-school administrators. The data was subjected to both descriptive statistical and thematic analysis.<p> The findings revealed a compelling image of the best interests principle in educational administrative practice. Analyses of the data revealed two categories of thought: (a) broad conceptualizations and general perspectives toward defining best interests and (b) general methodological considerations or approaches to applying best interests principle. The best interests of the student(s) was broadly conceptualized and defined as three major categories of thought: best interests as core good, best interests as good pedagogy, and best interests as holistic.<p> Additionally, three methodological considerations were identified as contributing toward the application of the principle: stakeholders influence, contextual considerations and relational aspects. Respondents preferred to define best interests in caring and collective terms. Analysis revealed simultaneously narrow and broad interpretations of interests. Implications for theory supported a modified professional ethic and best interests model that balances the ethical paradigms of care, critique, justice and community with the jurisprudential constructs of responsibility, respect and rights. Two central dichotomies emerged within interpretations of the best interests principle in the ethical and jurisprudential literature forming a matrix of best interests: individual v. collective and subjective v. objective. This study placed the respondents centered on the continuum between individual and communal and subjective and objective.<p> The findings of this study indicated that continued best practices in ethical decision making pedagogy would serve to augment the findings of this study. Likewise, continued research in the area of multiple ethical paradigms, ethical leadership and ethical decision making among in-school administrators would serve to extend the findings of this study.

No description available.

This thesis aims to illuminate how paediatricians in the United Kingdom (UK) make difficult medical decisions when treating severely disabled children with complex health conditions. In particular, it examines the part played, if any, by law, rights, and ethics in those decisions. After drawing on jurisprudence of the English and European Human Rights Court, together with existing scholarship, to analyse the doctors' decision making, this thesis adopts a legal consciousness theoretical approach. Using this it looks at how the paediatricians make sense of and conceptualise law when making these decisions. It examines how decisions are, by the paediatricians' own accounts, commonly made at present and what the paediatricians say about how they and their colleagues make such decisions. This thesis addresses the following research questions: i) Which decisions do UK paediatricians find particularly difficult when working with disabled children and what makes those decisions particularly difficult? ii) What factors do UK paediatricians take into consideration when making difficult decisions for disabled children and what weight do they put on those factors? iii) What formal education in law, rights, and ethics have the doctors received and to what extent, if any, can we discern how this education impacts on their difficult decisions for disabled children? iv) How do UK paediatricians construct and understand the law, rights, and ethics when making their difficult decisions? This thesis makes an original contribution, being the first in-depth socio-legal study examining UK paediatricians' medical decision-making for severely disabled children, by identifying two distinct styles paediatricians adopt when approaching best interest decisions, and by recommending a new category of legal consciousness. It concludes by recommending research and changes both in doctors' training and approach to best interest decision-making to address the current challenges paediatricians describe facing when deciding for severely disabled children.

The child and the youth are the overall national properties. Constructing a safe growth and social environment is the first priority to safeguard its rights and interests. Our country in view of the child-youth rights' and interests' safeguard can be seen in the Criminal Law, the Civil Law, the Youth-Event Processing Law,the Child and Youth Sexual Transaction Prevention Act, and the Children and Youth Welfare Act . However, this article aims on ¡§the child-youth sex trade prevention regulations¡¨ in view of the country and ¡§the Children and Youth Welfare Act¡¨ relevant stipulation, examining the country in regard to promote the positive body-and-mind development of the child and the youth, safeguard its rights and interests, promote its welfare, fulfill the goal of ¡§child and youth¡¦s best interests¡¨, by using the family-care pattern compulsory devices, achieves by the protection placement mechanism's implementation method, therefore, to finally examine whether the goal and the methods used meet the proportional principle. This article examines and discusses the foundation of the child and the youth law standard, the legislative reasons and impetus process of child and the Child and Youth Sexual Transaction Prevention Act and the Children and Youth Welfare Act. It compares the relationships between the mechanism of child-and-youth placements and the proportional principle of these two regulations, and therefore, to propose the defects that our country has presented nowadays and provide suggestions and new directions for the government as a reference to emend the law and social workers to implement the child-youth protection placement in a better way in the future.

No description available.

Text in Afrikaans / lnternasionale erkenning van die konsep van kinderregte skep die grondslag vir state om op nasionale vlak inisiatiewe te loads wat op die kweek van 'n kinderregtekultuur gerig is, wat sal meebring dat 'n sensitiwiteit vir kinderregte ontwikkel en prioriteit aan die beskerming van daardie regte verleen word. Dit is 'n omvattende taak wat grondwetlike bepalings raak en wetgewing en administratiewe programme vereis ten einde 'n balans te vind tussen ouers se aansprake op gesinsoutonomie en die strewe om in gepaste gevalle aan kinders die bevoegdheid te verleen om self besluite oar hul lewens te neem. Die belangeatweging vind plaas teen die agtergrond van die primere oorweging van die beste belange van kinders ten opsigte van aspekte wat hulle raak . . / International recognition of the concept of children's rights lays the foundation for states to launch initiatives on national level which are aimed at developing a culture of children's rights. This will lead to an increased sensitivity to children's rights and the fact that priority will be given to the protection of those rights. It is a wide·ranging task which affects constitutional provisions and requires legislation and administrative programmes in order to strike a balance between parents' claims to the autonomy of the family and the attempt to enable children, in suitable instances, to make decisions about their lives themselves. This weighing up of interests takes place against the background of the primary consideration of the best interests of children with respect to aspects which affect them. / Constitutional, International and Indigenous Law / (LL.M)

Text in Afrikaans / lnternasionale erkenning van die konsep van kinderregte skep die grondslag vir state om op nasionale vlak inisiatiewe te loads wat op die kweek van 'n kinderregtekultuur gerig is, wat sal meebring dat 'n sensitiwiteit vir kinderregte ontwikkel en prioriteit aan die beskerming van daardie regte verleen word. Dit is 'n omvattende taak wat grondwetlike bepalings raak en wetgewing en administratiewe programme vereis ten einde 'n balans te vind tussen ouers se aansprake op gesinsoutonomie en die strewe om in gepaste gevalle aan kinders die bevoegdheid te verleen om self besluite oar hul lewens te neem. Die belangeatweging vind plaas teen die agtergrond van die primere oorweging van die beste belange van kinders ten opsigte van aspekte wat hulle raak . . / International recognition of the concept of children's rights lays the foundation for states to launch initiatives on national level which are aimed at developing a culture of children's rights. This will lead to an increased sensitivity to children's rights and the fact that priority will be given to the protection of those rights. It is a wide·ranging task which affects constitutional provisions and requires legislation and administrative programmes in order to strike a balance between parents' claims to the autonomy of the family and the attempt to enable children, in suitable instances, to make decisions about their lives themselves. This weighing up of interests takes place against the background of the primary consideration of the best interests of children with respect to aspects which affect them. / Constitutional, International and Indigenous Law / (LL.M)

This research seeks to contribute to the debate on the state infringing upon the responsibilities and rights of parents with regards to the reproductive health of their children. The qualitative method of research is used. The researcher analysed the right of the child to participate in conjunction with best interests of the child, as well as the reproductive rights of children. Furthermore, the argument is based on the provisions of the South African legislation that deals with the reproductive rights of children. This legislation includes the Children's Act 38 of 2005 and the Choice on Termination of Pregnancy Act 92 of 1996. The crux of the discussion is on access to contraceptives provided to children without parental consent, as it is provided for in section 134 of the Children's Act 38 of 2005, as well as the lack of consent needed in the Choice on Termination of Pregnancy Act 92 of 1996 for a girl with no specification of age. The debate is on the fact that the responsibilities and rights that parents have towards their children are not considered. They are not involved in the major decisions that the children who are under their care and guidance have to make. Due to this finding, it has been recommended that it is very imperative to allow the parents to be involved in matters that pertain to their children's reproductive rights. This means that as children are informed about their reproductive rights, the parents must be involved as well, so as to make informed decisions relevant to the issues that their children encounter. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015