Child welfare: an approach based on private international law to ensure the best interests of the child

Abstract

Introduction: This research focused on analyzing the role of Private International Law as a fundamental tool for effectively guaranteeing the best interests of the child, a guiding principle enshrined in the Convention on the Rights of the Child. Objective: The objective was to critically examine judicial pronouncements that, due to the indeterminate and abstract nature of the aforementioned principle, contain assessments that may be incompatible. Materials and methods: The main challenges that arise in transnational contexts were examined, particularly regarding the dilemma of weighing conflicting rights in certain factual situations, such as the right to identity, the right to privacy, and the right to family. Results: The text argued that traditional conflict of laws and jurisdiction mechanisms must be reinterpreted and applied with a perspective materially oriented toward protecting child welfare, moving beyond a purely formal and territorial approach. Conclusions: The main contribution was to propose an integrative analytical framework that prioritizes the consideration of the specific circumstances of the child and their family environment in the resolution of international disputes, advocating for reinforced judicial and administrative cooperation between States as an indispensable pillar for the real and cross-border protection of children's rights.