The Best Interest of the Child Principle serves as a crucial framework for courts in determining children’s needs. However, interpretations of this principle have varied significantly. On the one hand, there is growing advocacy for greater autonomy and agency for children in making decisions that affect their well-being. On the other hand, parents and the state, both vital stakeholders in a child’s upbringing, also influence what is deemed best for the child. This article explores these differing perspectives, arguing that a balanced consideration of all stakeholders enriches our understanding of the Best Interest of the Child principle. Furthermore, it posits that the communal interest should be recognized as a key stakeholder in comprehensively addressing what truly serves the child’s best interests. This paper explores the principle's global origins and traces how African communitarian thought—through cultural values, social systems, and legal instruments—offers a thicker, context-responsive framework for understanding the best interest of the child.
Praise Adejimi (Thu,) studied this question.