Combatting obesogenic commercial practices through the implementation of the best interests of the child principle

Amandine Garde and Seamus Byrne

Chapter 10 in Ending Childhood Obesity, 2020, pp 251-281 from Edward Elgar Publishing

Abstract: Garde and Byrne explore the tension between children’s rights and the economic ‘rights’ of corporations. Specifically, they argue that the best interests of the child principle, enshrined in Article 3(1) CRC, provides a potent legal hook upon which States can uphold the child’s right to health by modifying their food environments and therefore contribute to the prevention of obesity. They explore how the best interests principle can exert significant legal traction regarding the imposition of marketing restrictions of unhealthy food to children by highlighting the need for states to specifically determine, firstly, what is in the child’s best interests, before assigning it its due weight when assessing it against competing interests. In particular, they argue that the more systematic use of the best interests of the child principle would help to moderate legal claims throughout the policy process and could support strategic litigation in the interests of public health.

Keywords: Economics and Finance; Law - Academic; Politics and Public Policy Sociology and Social Policy (search for similar items in EconPapers)
Date: 2020
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