Abstract
A family is the basic unit of a society where the root of an individual’s social life could be traced to. The concept of the term family is wider enough to include every social setup which consists of children either with their parents or with their guardians who are responsible for their well being. Family has the apex role in defining the adulthood of an individual by taking decisions on the matters affecting that individual such as the name, gender, religion, nationality, etc during their childhood. Article 1 of the Convention on the Rights of the Child (CRC), defines the term child to include every human being below the age of 18 years, unless under the law applicable to the child, majority is attained earlier. Children are voiceless in most of the situations and are dependent on the parents or guardian to satisfy their basic needs of food, clothing, shelter, healthcare, mental support and education. Taking this aspect of vulnerability, Article 3 of the Convention on the Rights of the Child 1989 envisages that, the best interest of the child shall be a primary consideration in all the actions affecting children. The term “best interests of the child” broadly describes the well-being of a child. The best interest of the child has a connection not just to the childhood of the individual but to the adulthood as well. It is to give the child the fullest possible opportunity to exercise the adult right of self-determination. In that case, anything done against ensuring the child the fullest possible opportunity to exercise the adult right of self-determination is a human right violation. However, parents or guardians often approve of some sociocultural and religious practices which are against the principle of best interest of the child and in some extreme cases leading to hinder the exercise of the adult right of self-determination in the fullest possible opportunity.
The proposed paper focuses on the harmful practice of Intersex restoration surgery and its impact on an individual’s adult right of self-determination. Even though parents or guardians have a voice in matters affecting children, the state and the court shall interfere in ensuring the principle of best interest of the child in decisions affecting children.
Keywords : Child rights, Family law, Best interest of the child, Adult right of self determination, Intersex Restoration Surgery
INTRODUCTION
A family is the basic unit of a society where the root of an individual’s social life could be traced to. The contemporary concept of the term family is wider enough to include every social setup which consists of children either with their natural or adoptive parents or with their guardians who are responsible for their well being. It would not be an over emphasised statement that the norms of the society originate from families constituting that society. In this sense, families individually and collectively set the social norms in their respective societies. Apart from that, family has the apex role in defining the adulthood of an individual by taking decisions during the childhood of that individual on matters such as name, gender, religion, nationality, etc.
Article 1 of the United Nations Convention on the Rights of the Child (CRC), defines the term child to include every human being below the age of 18 years, unless under the law applicable to the child, majority is attained earlier. Children are voiceless in most of the situations and are dependent on the parents or guardian to satisfy their basic needs of food, clothing, shelter, healthcare, mental support and education. What an individual today is a sum of what their parents or guardians choose on behalf of them in their childhood. Even though each person has their own individuality and personhood from cradle to grave, parents or guardians choose on behalf of the children for the reason that childhood is the most vulnerable period of human life. Taking this aspect of physical and psychological vulnerability of the childhood, Article 3 of the UN Convention on the Rights of the Child 1989 envisages that, the best interest of the child shall be taken as the primary consideration in all the actions affecting children.
The best interest of the child
The doctrine “best interests of the child” is the pivotal concept upon which the rights of children worldwide are protected. It was first introduced in the preamble of the Geneva Declaration on the Rights of the Child 1924 as a duty of all the adult population worldwide including the parents or guardian, the state and the entire civil society to give the children the best. Art. 3 of the United Nations Convention on the Rights of the child (UNCRC) 1989 expressly incorporates the notion “best interests of the child” and thus underscores its importance in invoking this principle in any decision affecting children.
The term best interest of the child broadly describes the well-being of a child in every aspect under all the circumstances to mean the physical, mental, intellectual and social well being of a child. It is to provide the child in their vulnerable stage of life with all the material well being, fair familial and social environment, quality education, mental and physical health, humane treatment without any discrimination, etc. In essence, it’s to render the children with all the possible means and measures to become a fully developed human being in all the senses.
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