The best interest of the child in parental rights and duties

iiiABSTRACTTHE BEST INTEREST of the CHILD in PARENTAL RIGHTS and DUTIESÖzden Özer TaşkınDepartment of Private LawAnadolu University Institute of Social Sciences, August 2006Supervisor: Assoc. Prof. Nuri Erişgin?The Best Interest of the Child Principle?, which is one of the general provisionsof United Nations Convention on the Right of the Child, is the most important principleof children law. Best interest principle recognized in Article 3(1) of the Convention andprovides that in all actions and decisions concerning children, the best interests of thechild shall be a primary consideration.The importance of the best interest principle is that it reflects the understandingof the Convention that the interest of the child shall be protected and considered asprimary. Moreover the principle is a key to implement the other rights of theConvention.The best interest of the child principle is related both with the public and theprivate law of children law. However, it is argued mostly in parental responsibility. Theparents have the duties to protect the individuality and the assets of the child and torepresent the child. To achieve the duties parents have also rights. The aim of theparental responsibility is to protect the child and the interests of the child. During theexercising parental responsibility, the parent shall consider the interest of the child first.The best interest of the child principle is also applied in the relation, which is outof the marriage union, between parents and child. Especially with regard the issue ofdetermining the parental responsibility for the future.