Legal Semiotics of Silence: The Best Interests of the Child in International Law

Abstract

The best interests of the child (BIC) principle is the centrepiece of the UN Convention on the Rights of the Child (CRC 1989): all decisions concerning children should be made according to this standard. However, the provision enshrining the BIC in the CRC is characterized by its silence concerning the actual content of this principle: what actually constitutes the best interests of the child in a given situation? Who decides what is best for the child, and according to which standards and guidelines? The meaning of the BIC has been interpreted differently across nations and according to different situations, even within the same jurisdiction, social class, and culture. This article applies legal semiotics theory to explore the meaning of silence in the formulation of the BIC as a significant sign under international law. For this purpose, it refers to Victoria Welby, the British foremother of modern semiotics, and her significs theory, as well as to renowned Hungarian-American semiotician Sebők Tamás’ global semiotics theory, to uncover the many ramifications of the BIC principle for the implementation of children’s autonomy rights at the domestic level.