The principle of the best interests of the child in the context of the rights of the child

When the principle of the best interest of the child is mentioned, its place in civil law issues such as custody, adoption and genealogical ties comes to mind, and the principle has always been examined within this framework. But the principle is not limited to these issues; it has to be observed when it comes to all kinds of business, transaction and action that concerns the child. Therefore, it is essential to establish the conceptual framework of this principle starting from its emergence, to know how it is included in many crucial regulations and to analyze how it is applied in the cases that come before the high courts whose decisions are binding. This study was carried out to find a solution to such a need. In the first part of the study, the history of the concept of child and children's rights, their place in various regulations, then the conceptual issues of the principle of the best interest of the child, which is of great importance in the full realization of children's rights, were discussed and the principle was examined in many aspects by approaching from different angles. In the second part, the place of the principle of the best interest of the child is examined in the context of national and international legislation. In this section, many national and international regulations that include the principle are examined, then the principle is approached within the framework of the legal orders of various countries and finally the place and importance of the principle in Turkish law are determined. In the third and last part, the importance of the principle in the juvenile judiciary is emphasized, and in addition to this, the right to a fair trial, which is the first value that comes to mind when it comes to the judiciary, is discussed with its sub-rights and principles, which are indispensable in the axis of the best interest of the child. Then, the criticisms and suggestions made in the doctrine of juvenile justice are included. Finally the application of the principle in the decisions of the European Court of Human Rights, the Turkish Constitutional Court and the Court of Cassation is explained.