Constitutional Referendum on Children's Rights Ireland

Constitutional Referendum on Children's Rights Ireland

Constitutional Referendum on Children's Rights Ireland

The Oireachtas Joint Committee on Constitutional Amendment Children has published a revised proposed wording in Article 42 of the Constitution, which deals with children's rights. This is not a new issue. The 1993 report of the Kilkenny incest investigation McGuinness, said very high emphasis on family rights in the Constitution may, consciously or unconsciously be interpreted as giving a higher value on the right of parents rights of children and recommended an amendment to include a specific statement and open the rights of children born. (O'Hearn, 1998, 12-46)

This recommendation was repeated and expanded in the 1996 Report of the Panel of Constitutional Review (CRG). In recent years saw the reports of the Oireachtas and abandoned 28 of the Constitution Amendment Act 2007.

repeated returns to the drawing board highlighted the difficulty of obtaining the text of any right of amendment. Dr Aoife Nolan said that the new wording serious shortcomings still evidence to ensure comprehensive protection of children's rights. Indeed, in 1996, the CRG report emphasizes the need for a balance of constitutional provisions, but the wording of the Commission does not propose any amendment to Article 41. (Allen, 2000, 23)

The support of all parties that support the new proposal that has been applauded by a wide range of stakeholders suggest that, subject to approval by the Council of Ministers and the Attorney General, the proposed wording will be submitted for people in a referendum. It seems reasonable to assume that the campaign in favor of the amendments will be supported by all major parties and all organizations of children's rights. However, recent constitutional history shows that the support of all parties can be quickly derailed by lobbyist are not parties. (Allen, 2000, 23)

A few hours after the publication of the proposed revisions to the Commission under Article 42, the Iona Institute published a statement warning that the changes lower the threshold at which the State may intervene in the family.

[T] he proposed text will acknowledge the best interests of a child ... while no one denies that the childs best interests had to be at the forefront when making decisions about children, the crucial question is, who will make this decision, parents or the government?

Iona cite one example of Scotland, where children taken into care because of concern that the health of children was at risk due to obesity and say that this measure is certainly a violation of rights the child. (Allen, 2000, 23)

Ionas statement suggests that it might oppose a referendum to introduce the proposed amendment. It may not be alone: Renewing the campaign, which to date has only been heard in the media when campaigning against the Civil Partnership Bill 2009, lists the following among his campaign:

In February 2010 issue of Solas, the publication of Youth Defence, Mary McMeanmain writes that parents can not trust the state to do right by their children, primarily on the ...