Legislating the Principle of Best Interest of the Child: The Sri Lankan Standpoint

Abstract

Children are the most precious group in every society and owe the responsibility of creating the future world. It is the utmost duty and the liability of a state to protect the rights of the children with special consideration towards resolving their concerns to secure their best interest. The principle of the best interest of the child shall be the paramount consideration towards achieving and securing their rights in different circumstances. This study intends to explore the legal adequateness of legislating the principle of the best interest of the child in Sri Lanka, in par with the international standards safeguarding the rights of the children. The methodology adopted in the study is a combination of black letter methodology and comparative research methodology along with an analysis of the international standards coupled with the comparative jurisdictions, as appropriate. Further, the qualitative approach was employed to analyse the primary and secondary data of the study. Finally, the study critically assesses the standards of relevant legislation attempts of legislating the principle of the best interest of the child in the domestic context.