Best Interests of the Child. A Socio-Ethical Foundation

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The term best interests of the child occurs in different contexts of everyday life, public debate, and social sciences. Nevertheless, there is a lack of consistent criteria to precisely identify its content and to avoid that it serves as a projection screen for contradicting interests. Moreover the term (especially the German Kindeswohl) is likely to be criticised as paternalistic, because it does not address the participation of children sufficiently. The project pursues three objectives, which are closely connected but differently weighted: First, it analyses the normative implications of the term in relevant scholarly debates. Secondly, it identifies and substantiates normative criteria defining the best interests of the child with reference to Christian ethics and its basic anthropological assumptions (central systematic concern). Thirdly, it clarifies standards to operationalise the best interests of the child and to protect it in conflicts (prospect). This contributes to close an academic void, since theological ethics have not directed enough attention to children and childhood so far. A social-ethical criteriology, which could provide orientation for societal institutions, particularly those obliged to promote the best interests of the child, still needs to be developed.