Principle 2:best interests

Livingstone, SoniaORCID logo; Stoilova, MariyaORCID logo; and Rahali, Miriam (2023) Principle 2:best interests Technical Report. KU Leuven.
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• This principle requires a balancing act across the full spectrum of children’s rights as well as the rights of others, also taking into consideration the contexts of use. Consequently, ensuring children’s best interests includes giving at least equal consideration to children’s wellbeing, growth, development and agency as to businesses’ interests.1 • The significance of the child’s best interests is to ensure the full and effective enjoyment of the rights recognised in the UNCRC and the holistic development of the child. Crucially, policy, business or design decisions will not be in the best interests of children if the outcomes of such decisions conflict with children’s rights, viewed holistically. Nor can decisions be reached without consulting children and considering their opinions. • Making children’s best interests ‘a primary consideration’ in the ‘provision, regulation, design, management and use of the digital environment’ does not mean innovators cannot profit from their investments. But in the search for suitable compromise, authorities and decision makers must weigh up the rights of all those concerned, bearing in mind that the best interests of the child have high priority and are not just one of several considerations.

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