Skweyiya AJ
Both international law and the domestic law of many countries have affirmed the paramountcy of “the best interests of the child”.[1] Similarly, section 18(4)(c) of the Child Care Act, which sets the best interests standard for the adoption of a child, provides that:
“A children’s court to which application for an order of adoption is made … shall not grant the application unless it is satisfied―
… (c) that the proposed adoption will serve the interests and conduce to the welfare of the child …”
- ↑ Examples of African countries which incorporate children’s clauses in their constitutions include Namibia (art 15 of the Constitution of the Republic of Namibia); and Uganda (section 34 of the Constitution of the Republic of Uganda). The paramountcy of the best interests of children is confirmed in many international conventions. See, for example, art 3 of the United Nations Convention on the Rights of the Child, 1989. The convention was adopted by the United Nations General Assembly on 20 November 1989 and entered into force on 2 September 1990. See also, art 4 of the African Charter on the Rights and Welfare of the Child, 1990.
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