24 December 2017

Best Interests of Child: ZD v Secretary to the Department of Health and Human Services

This case concerned the rights of parents to not vaccinate their children. Although this case concerned a child protection matter, the Victorian Supreme Court made some interesting observations about the concept of "best interests of children" and its relationship with the Charter of Human Rights and Responsibilities Act 2006

One of the guiding principles of the National Law is that "...best interests of the child are paramount" (section 3(3)(a)). On the other hand, section 17(1), Victorian Charter of Human Rights and Responsibilities provides that "Families are the fundamental group unit of society and are entitled to be protected by society and the State." The court, in this cases, discussed the relationship between legislation promoting the best interests of children and the Charter.

Yahoo7 News also covered the case.

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