Joint Committee on the Constitutional Amendment on Children publishes wording for the proposed constitutional amendment concerning the acknowledgement and protection of the rights of children

In its final report published today, the Committee recommends that a proposal for an amendment to the Constitution, to enshrine and enhance the protection of the rights of children, is submitted by Referendum to the decision of the people.

The Committee recommends that a new Article 42 (titled “Children”) be inserted in the Constitution to replace the current Article 42 and that this provision contain an express recognition of the rights of children as individuals while also expressly recognising that the primary and natural carers, educators and protectors of the welfare of a child are the child’s parents.

In particular the amendment proposed by the Committee provides constitutional recognition of the principles of non-discrimination and equality between children irrespective of the marital status of their parents. It also provides recognition of children’s natural and imprescriptible rights, including the right to such protection and care as is necessary for the welfare of the individual child. The amendment also requires that the child’s voice is heard in any judicial and administrative proceedings affecting the child having regard to their age and maturity.

The Committee goes on to recommend that facilities are established to enable reporting of District Court cases under the Child Care Act 1991, subject to rules of court, on the same basis as is available in general family law cases.  

Mary O’Rourke T.D., Chairperson of the Committee said:

“The Committee considers that the wording it has presented for a constitutional amendment will ensure that the rights of children are given the strongest protection in the Constitution as well as advancing their best interests. Under the proposed amendment, any future cases affecting children would be determined within a judicial framework that expressly recognises the constitutional rights of all parties concerned.

In presenting this wording the Committee was concerned that parents in particular would be assured that their rightful authority and pivotal role in relation to their children would not be in any way undermined by any proposed amendment. The continued existence of Article 41 will provide this assurance. In addition, when making a determination under the proposed amendment, any intervention in the family must be proportionate with a preference at all times for the preservation of the family.”


The report presented today is the Committee’s Third Report. The report brings to a conclusion the Committee’s deliberations on the Twenty-eighth Amendment of the Constitution Bill 2007 during which it received over 177 written submissions, heard evidence from expert persons and bodies whose expertise included constitutional, criminal and family law, child protection, psychology, children’s rights, child welfare, and other fields of direct relevance to the matters considered by the Committee.

In September 2008 the Committee presented a First Interim Report to the Houses of the Oireachtas on the proposal to give legal authority for the collection and exchange of information concerning the risk or the occurrence of endangerment, sexual exploitation or sexual abuse of children (proposed Article 42(A).5.1°).

In May 2009 the Committee presented a Second Interim Report on the proposal to give legal authority to create offences of absolute or strict liability in respect of sexual offences against or in connection with children (proposed Article 42(A).5.2°).

In this final report the Committee considers and makes recommendations in relation to the proposed Article 42(A).1-4. These provisions deal with children’s rights, the best interests of the child, the power of the state to intervene in the family, and adoption.

ENDS

For further information, contact:

Ciaran Brennan,
Houses of the Oireachtas,
Communications Unit,
Leinster House,
Dublin 2
P: +3531 618 3903; M: 086-0496518
F: +3531 618 4551
E: ciaran.brennan@oireachtas.ie

Committee Membership
Deputies            
Mary O’Rourke (FF) (Chairperson)            
Michael Noonan (FG) (Vice-Chairperson)        
Thomas Byrne (FF)                
Margaret Conlon (FF)                
Olwyn Enright (FG)                                 
Paul Gogarty (Green Party)
Brendan Howlin (LAB) (Leas-Cheann Comhairle)
Tom Kitt (FF)    
Dan Neville (FG)
Caoimhghín Ó Caoláin (SF)
Seán Ó Fearghaíl (FF)
Alan Shatter (FG)
Michael Woods (FF)    
Ministers
Dermot Ahern T.D., Minister for Justice, Equality and Law Reform (ex officio)
Barry Andrews T.D., Minister of State for Children and Youth Affairs (ex officio)
Senators
Maria Corrigan (FF)
Geraldine Feeney (FF)
Frances Fitzgerald (FG)
Alex White (LAB)

• The Committee’s Proposal for an Amendment to the Constitution