The
Human Rights Defender of the Republic of Armenia, as the official body
responsible for monitoring the implementation of the UN Convention on the
Rights of the Child, continues to carry out activities aimed at the protection
and promotion of children’s rights through various formats. These include
visits to child care and protection institutions, general education
institutions, non-state entities, and the monitoring of different processes
related to children.
The
Defender emphasizes that numerous issues persist in the Armenian legal system
regarding the proper assessment of the best interests of the child. These
concerns have also been raised by relevant international organizations.
The
UN Committee on the Rights of the Child, in its 2024 concluding observations on
Armenia’s periodic reports, referred to General Comment No. 14 (2013) on the
right of the child to have his or her best interests taken as a primary
consideration. The Committee highlighted several issues, including the lack of
proper professional qualifications and mandatory training for members of
guardianship and trusteeship committees. These concerns were raised in the
context of ensuring the effective implementation of the best interests of the
child.
The
Committee also recommended the development of clear procedures and standards to
guide all professionals working with or representing children, enabling them to
assess the best interests of the child across different sectors and on a
case-by-case basis. Within the framework of the Comment, the Committee
emphasized that the concept of the best interests of the child is flexible and
requires individualized assessment based on each child’s specific
circumstances, conditions, and needs.
This
flexibility allows the concept to be responsive to the unique situation of
every child.
At
the same time, the Committee cautioned that the best interests of the child can
sometimes be misused—for example, by state bodies to justify certain policies
(including potentially discriminatory ones), by parents to advance their own
interests in custody disputes, or by professionals working with children who
may disregard or undervalue the relevance of this principle.
The
Human Rights Defender underscores the importance of considering both the
aforementioned issues and other relevant criteria when drafting legislation and
addressing practical problems in the field of child rights in Armenia.
The
Defender stresses the urgent need for training and raising awareness among all
specialists working with or representing children. This is essential to
overcoming current challenges and ensuring that decisions are guided by
mechanisms rooted in the best interests of the child.
The
Human Rights Defender reaffirms her commitment not only to highlighting
existing challenges, but also to supporting all stakeholders in taking
effective and meaningful steps toward their resolution.
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