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Abstract

The concept of the best interests of the child was introduced for the first time in Jordanian statutory law in 1951. Since then references to the best interests of the child have increased, which was partly the result of the impact of the Convention on the Rights of the Child, which Jordan ratified in 1991. The Convention pressured governments to adopt the concept of the best interests of the child as the defining principle of legislation and the judicial process. However, the concept of the best interests of the child has not been fully incorporated into Jordanian statutory law and remains absent in the relevant procedural laws. Legal practice further demonstrates that the concept has been applied selectively. Children’s rights are usually not considered in isolation from the rights of parents, and courts try to balance the rights of the various parties (mother, father, and child). It is unlikely that this will change in the near future since none of the relevant state as well as non-state actors have yet fully embraced the concept of the best interests of the child.

Keywords

Best interests of the child Custody Guardianship Visiting right Convention on the Rights of the Child Jordan 

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Copyright information

© T.M.C. Asser Press and the authors 2017

Authors and Affiliations

  1. 1.Lichtenberg-KollegGöttingenGermany

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