The issue of implementation of the principle of the best interests of the child in Africa using example of the case "Children of Nubian descent in Kenya"

The legal principle of the best interests of the child is now one of the most important in the protection of children's rights at the universal, regional and national levels. The most complete embodiment of this principle are in the UN Convention on the Rights of the Child, its Optional Protocols, and some regional and international treaties. The article analyzes the principle of the best interests of the child in the African human rights system. The review of the provisions of international legal acts and practices particular emphasis on considering the first decision of the African Committee of Experts on the Rights and Welfare of the Child "Children of Nubian descent in Kenya." The author notes that the Committee, realizing the principle of the best interests of the child, decided to break the principle of exhaustion of domestic remedies. According to the author, in this case it was justified, but an appeal to the principle of the best interests of the child with a view to avoid the exhaustion of domestic remedies must be based only in the specific case and should never become the general rule for the African Committee and other international human rights bodies. Otherwise, the principle of the best interests of the child can become a "magic wand" for potential claimants that could avoid the need for the exhaustion of domestic remedies before applying to the Committee for redress for human rights violations. Keywords: human rights, international treaties for the protection of children's rights, the rights of vulnerable groups, the principle of the best interests of the child, the African human rights system, the African Committee of Experts on the Rights and Welfare of the Child.