The “best interests of the child” principle in South America after the advisory opinion “OC-17/2002”: two case studies

The principle of the “Best Interests of the Child” began to find enforcement in the Latin-American context mostly after the introduction of the ‘Advisory Opinion OC-17/2002’ of the Inter-American Court of Human Rights, solicited by Inter-American Commission about the ‘Juridical Condition and Human Rights of the Child’. Since 2002, there was a gradual acceptance both WHO in the domestic regulations and jurisprudence of most of the South-American countries. However, taking as reference the Brazilian and Argentine contexts, I will try to verify if identical formulas “Interés superior del niño” - “Melhor Interesse da Criança” also express identical meanings, or if behind stereotyped expression it’s possible to discover differences about reference criteria and mode of use of this controversial principle. Thanks to the juridical comparison, it will be possible to understand whether and to what extent the characteristic of the “Best Interests of the Child” developed on the domestic level reflect the legal guidance coming from the Jurisprudence of Inter-American Court