The best interest of the child, the need for a concept for the public prosecutor's office

Abstract

The principle of the best interests of the child is a fundamental pillar in the protection of children's rights and should be considered an essential guide for decision-making in judicial processes involving minors. Its correct implementation requires a commitment, both from judicial systems and from public policies and society in general. Inconsistent decisions in the context of the implementation of this principle demonstrate the need for an adequate interpretation and argumentation of its content. Moreover, since its promulgation in the Convention on the Rights of the Child, ratified by several countries, it has not been possible to determine a conceptual framework to help guide judicial decisions in favor of the child, where the Prosecutor General’s Officeof the Republic of Cuba, invested by constitutional mandate as defender of the principle of legality in force, plays a fundamental role.