Appendix 1: Child Rights Impact Assessment (CRIA) tool template Stage 5: Result and recommendations Question 14: Summarise how this assessment demonstrates why the proposed policy/legislation is in the best interests of children. Make an informed judgement as to whether a child’s best interests are supported by the policy/legislation. The CRC does not explicitly define a child’s best interests. However, its meaning can be derived from the content in other CRC Articles, including: • In the case of actions and decisions affecting an individual child, it is the best interests of that individual child which must be taken into account. • It is in a child’s best interests to enjoy the rights and freedoms set out in the CRC. For example, it is in children’s best interests to develop respect for human rights and for other cultures (Article 29.1(b) and (c)). It is in a child’s best interest to maintain contact with both parents in most circumstances (Article 9.3). • It is in the best interests of Indigenous children to be raised in their Indigenous communities (Articles 5, 8.2, and 30). • A child capable of forming a view on their best interests must be able to give it freely and it must be taken into account (Article 12). • Parents have primary decision-making responsibility on behalf of their children (articles 5 and 18.1) but, if they fail to make children’s best interests a basic concern, the State may intervene to protect those interests (Article 9.1).29 Question 15: Are there any further changes that need to be made to the policy/ legislation to ensure children’s rights are not negatively impacted? 38 |