The Council of Europe and Beyond: Children’s Rights and Intersectionality

The principle of the child’s best interest, as established in the United Na- tions Convention on the Rights of the Child, holds a prominent role in hu- man rights law as a substantive, interpretative, and procedural right. Within the framework of the Council of Europe, this principle is applied in cases ad- judicated by the European Court of Human Rights (ECtHR), particularly con- cerning family ties, migration, violence, and identity. While the ECtHR has acknowledged the child’s best interest, significant inconsistencies arise in its application, especially when addressing vulnerable groups such as girls and children from minority or migrant communities. Intersectionality – recogniz- ing the compounded e"ects of overlapping social categories like age, gender, and ethnicity – has not been fully integrated into the ECtHR’s jurisprudence, resulting in insu)cient protection in cases involving such vulnerabilities. A comparative perspective highlights the broader adoption of intersectionality by the Inter-American Court of Human Rights, which has strengthened pro- tections against intersectional discrimination. Greater consistency and inclu- siveness in applying the child’s best interest principle within the European human rights framework could address existing gaps, ensuring stronger safe- guards for all children, particularly those at the intersection of multiple forms of discrimination.