Best interest of the child in the context of child rights

Fundamental human rights and freedoms first showed an intellectual development and then manifested themselves in the field of law by regulating human rights in the constitution and international agreements in the sense of positive law. Children's rights have also developed in a process parallel to the historical development of human rights. The most important legal document in terms of legal regulations regulating children's rights is the United Nations Convention on the Rights of the Child. The principle that the contract bases on when making a decision regarding the child in a legal dispute is the principle of the best interest of the child, regulated in Article 3 of the contract. The principle includes determinations and regulations regarding the situations that should be considered primarily and carefully in decisions to be taken regarding the child. Judges, who are the enforcers of the law, undoubtedly have a priority in the management of the legal decision-making mechanism regarding the child. In our thesis, the role of the judge in determining the best interest of the child in legal disputes regarding the child and the premises that the judge should pay attention to when determining the best interest of the child have been the subject of research. In this context, by using a research technique from general to specific, firstly the conditions that the judge should pay attention to in terms of the trial action were examined in general terms, and then what the judge should do in special cases regarding the child was tried to be determined.