Criterion "The Good of the Child" in the Legal Order: Between the Normative Structure and Judicial Case Law

The good of the child in the course of the operative interpretation constitutes not only a theoretical and legal issue, but also a practical one. The "good of the child" is the basis for the formulation of numerous legal provisions, which seemingly do not refer to this criterion. However, important normative acts that indicate the presence of this category are: the Declaration of the Rights of the Child, adopted by the General Assembly of the League of Nations in 1924, the so-called Geneva Declaration and the Constitution of the Republic of Poland of 1997. The criterion of "the good of the child" as an element of the normative structure appears, for example, in the UN Declaration on the Rights of the Child of 1959 and the Convention on the Rights of the Child of 1989. In referring to the content of normative acts whose subject-matter is the "good of the child", it can be pointed out that the indicated criterion should be associated with the child's right to a happy childhood and the concept of humanity. Therefore it seems that the term in question must be interpreted in precisely this tone.