child.”82 The principle of the best interest necessitates that all the child rights
are given prominence “and no right could be compromised by a negative
interpretation of the child’s best interests.”83
289. The Court notes that the respect for the principle of the best interests of the
child, allows the children to live a full and dignified life.
290. The CRC, “…also explicitly refers to the child’s best interests in other
articles: article 9: separation from parents; article 10: family reunification;
article 18: parental responsibilities; article 20: deprivation of family
environment and alternative care…”84
291. The Court notes the decision of the Children’s Committee in the matter of
the Centre for Human Rights and La Rencontre Africaine pour la Défense
des Droits de l’Homme v. Republic of Senegal, that “in guaranteeing the
best interest of the child, a State Party has the obligation to ensure the
consideration of the best interest of the child in all actions taken by “any
person” or authority affecting the life of the child.” The Children’s Committee
took the view, that “in this context, “any person” is broadly interpreted and
entails that the principle of the best interest of the child must be applied in
all actions concerning children regardless of whether the actions are
undertaken by private or public entities.”85
292. From the record, the Court notes in relation to the conditions of the
temporary shelters, that they were constructed, staffed and managed by the
Respondent State’s government in response to the upsurge in violence
against PWA that occurred in the early 2000s and required protection of
PWA, particularly children. As a result, the conditions of the shelters and the
actions of officials fall within the scope of responsibility that the Respondent
82United
Nations Committee on the Rights of the Child, General Comment No. 14 (2013) on the right of
the child to have his or her best interests taken as primary consideration.
83 Ibid.
84 Ibid.
85 ACERWC, Centre for Human Rights and la Rencontre Africaine pour la Défense des droits De
l’Homme v. Republic of Senegal, Decision no 003/com/001/2012, § 35.
66