Appendix 3 | Applying the CRIA tool to COVID-19 pandemic policy and legislation relating to the closure of schools and early childhood education and care in Australia 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).248 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). The evidence provided in the CRIA illustrates that children were both positively and negatively impacted by ECEC and school closure policy and legislation. The nature and extent of these impacts varies between different cohorts of children. Predominantly, the impacts of the policy and legislation were on 2 key rights – education and health (both physical and mental). Although children reported difficulties with remote learning, and with their mental health and wellbeing, their physical health was protected from the COVID-19 virus as the policy and legislation restricted transmission of the virus through schools. Governments also demonstrated responsiveness to challenges within the education and health systems to act within the best interests of children and families. Safeguarding Children: Using a child rights impact assessment to improve our laws and policies | 85