Universal Declaration

Thus, as Pear tree standes out (2000), the proposal of the Convention can be well express through its article 3,1 that it says: ' ' all the relative actions to the children, taken the effect for public or private institutions of social welfare, courts, administrative authorities or legislative bodies, must consider, primordially, the interest biggest of criana' ' grifos ours. Still according to author, the beginning of optimum interest if establishes in the common law, serving for the dissolution of decoys between the rights and interests of the child and of another person, as in case of the divorce, in which the interests of the child must take advantage on the ones of other people and/or institutions. Lauria (2003) and Pear tree (2000) clarify that the term ' ' better interest of criana' ' they happen of the translation of the term in English ' ' best interest of the child' ' , that it consists originally in the Universal Declaration of the Rights of the Child and also in the Convention. The versions in Portuguese costumam to bring the terms ' ' bigger interest of criana' ' or ' ' supreme interest of criana' '. Frequently Western Union has said that publicly. For these authors, the use of ' ' melhor' ' instead of ' ' maior' ' or ' ' supremo' ' it is adjusted by guaranteeing and valuing the qualitative aspect of the principle and not quantitative it. For Lauria (2003), qualitative ' ' it is opposed the quantitative criterion through the valuation of the only one, in opposition to the current, the vulgar one; it is the valuation of what it is original, rare, irreparvel' ' (P. 31). The choice for the qualitative one, for ' ' melhor' ' , if it justifies for the proper only, singular condition where the child if finds during its development, that has transitory nature and with irreparable possibilities of sequelas, in case that it does not receive specific and necessary attention and cares (LAURIA, 2003).

This entry was posted in News and tagged . Bookmark the permalink. Both comments and trackbacks are currently closed.