Recognising Children’s Rights in the Constitution

1 Recognising Children s Rights in the Constitution : The Thirty-First Amendment to the Constitution (Children) October 2012 The Children s Rights Alliance is a coalition of over 100 organisations working to secure the Rights of children in ireland , by campaigning for the full implementation of the UN Convention on the Rights of the Child (UNCRC). It aims to improve the lives of all children under 18, through securing the necessary changes in ireland s laws, policies and services. Vision ireland will be one of the best places in the world to be a child Mission To realise the Rights of children in ireland through securing the full implementation of the UN Convention on the Rights of the Child Membership The Alliance was formally established in March 1995.

2 Many of its member organisations are prominent in the children s sector working directly with children on a daily basis across the country. The Alliance s policies, projects and activities are developed through ongoing collaboration and consultation with its member organisations. Alcohol Action ireland Amnesty International ireland Ana Liffey Drug Project Arc Adoption Assoc. for Criminal Justice Research and Development (ACJRD) Association of Secondary Teachers ireland (ASTI) ATD Fourth World ireland Ltd Barnardos Barretstown Camp BeLonG To Youth Services Bessborough Centre Border Counties Childcare Network Catholic Guides of ireland Catholic Youth Care Child and Family Research Centre.

3 NUI Galway Childminding ireland Children in Hospital ireland City of Dublin YMCA COPE Galway Crosscare Drug and Alcohol Programme Crosscare Teen Counselling DIT School of Social Sciences & Legal Studies Doras Luimn Down Syndrome ireland Dublin Rape Crisis Centre Dun Laoghaire Refugee Project Early Childhood ireland Educate Together School of Education, UCD Enable ireland EPIC (formerly IAYPIC) Focus ireland Forbairt Na onra Teoranta For ige GLEN - Gay and Lesbian Equality Network Irish Traveller Movement Irish Youth Foundation (IYF) Jesuit Centre for Faith and Justice Junglebox Childcare Centre Kids Own Publishing Partnership Kilbarrack Youth Project Lifestart National Office Marriage Equality Civil Marriage for Gay and Lesbian People Mary Immaculate College Matt Talbot Community Trust Miss Carr s Children s Services Mothers Union of ireland Mounttown Neighbourhood Youth and Family Project MyMind National Association for Parent Support National Children s Nurseries Association National Organisation for the Treatment of Abusers (NOTA)

4 National Parents Council Post Primary National Parents Council Primary National Youth Council of ireland One Family One in Four OPEN Parentline Parentstop Pavee Point Peter McVerry Trust Psychological Society of ireland Rape Crisis Network ireland (RCNI) Saoirse Housing Association SAOL Beag Children s Centre Sevenoaks Early Education Centre Society of St. Vincent de Paul Headstrong - The National Centre for Youth Mental Health Home-Start National Office ireland Immigrant Council of ireland Inclusion ireland Inspire ireland International Adoption Association Irish Association of Social Care Workers (IASCW) Irish Association of Social Workers Irish Association of Suicidology Irish Autism Action Irish Centre for Human Rights , NUI Galway Irish Congress of Trade Unions (ICTU) Irish Council for Civil Liberties (ICCL) Irish Foster Care Association Irish Girl Guides Irish National Teachers Organisation (INTO)

5 Irish Penal Reform Trust Irish Preschool Play Association (IPPA) Irish Refugee Council Irish Second Level Students Union (ISSU) Irish Society for the Prevention of Cruelty to Children Sonas Housing Association St. Nicholas Montessori College St. Nicholas Montessori Society St. Patrick s University Hospital Start Strong Step by Step Child & Family Project S gradh The Ark, A Cultural Centre for Children The CARI Foundation The Childhood Development Initiative The Integration Centre The Jack & Jill Children s Foundation The Unmarried and Separated Families of ireland Treoir UNICEF ireland Young Ballymun Youth Advocate Programme ireland (YAP) Youth Aftercare Support Service (YASS) Youth Initiative in Partnership Youth Work ireland Contents 1.

6 Introduction .. 1 2. Amendment Wording .. 3 3. Summary Explanation of Amendment Wording .. 4 4. Analysis of the Amendment Provisions .. 6 Article Recognising the Rights of All Children .. 6 Article State Intervention .. 9 Article Protecting Children and Supporting Families .. 9 Article Adoption of Children in Long Term Care .. 13 Article Voluntary Adoption of Children .. 16 Article Child Centred Decision Making .. 18 Article Best Interests of the Child .. 19 Article Views of the Child .. 21 5. After the Referendum .. 23 Appendix: Extracts from the Constitution of ireland .

7 24 1 Children s Rights Alliance, Recognising Children s Rights in the Constitution , October 2012 1. Introduction The Children s Rights Alliance is a coalition of over 100 organisations working to secure the Rights of children in ireland , by campaigning for the full implementation of the UN Convention on the Rights of the Child (UNCRC). One of the founding objectives of the Alliance back in 1995 was to seek constitutional reform for children, and the Alliance has engaged in extensive advocacy on this issue, in particular over the past seven years. On 19 September 2012, the Government published the Thirty-first Amendment to the Constitution (Children) Bill 2012, which contains the text of a proposed amendment to strengthen children s Rights within the Constitution of The Alliance warmly welcomes the amendment wording and is calling for a YES vote on referendum polling day, Saturday 10 November 2012.

8 The Alliance is joining Barnardos, ISPCC and Campaign for Children to work as Yes for Children, a national campaign for a YES vote. We believe this referendum is an historic opportunity for the People of ireland to ensure that this generation of children, and future generations, are better protected, respected and Bunreacht na h ireann / Constitution of ireland was enacted in 1937. It is the fundamental law of the State: all our laws, policies and services must be compatible with the Constitution . The Constitution underpins the interaction between the State and its citizens, including children and gives direction to the Oireachtas and the courts on how to balance competing Rights and interests.

9 The Constitution also aims to reflect our societal values. It comprises 50 Articles that can only be changed by referendum. Constitutional Rights can be expanded upon by the High Court and the Supreme Court through their interpretation of constitutional law. At present, children do have Rights under the Constitution , they are granted some of the same Rights as other individuals living in the State, such as the entitlement to acquire citizenship (Articles 2 and 9) and in appropriate circumstances, children are entitled to the Fundamental Rights set out in Articles 40 to 443 as well as certain unenumerated Rights that are not listed in the Constitution but that have been read into it by the Courts.

10 In addition to these Rights , there are two constitutional Rights specifically related to children: the right to free primary education (Article ) and the ability of the State to intervene when parents fail their child (Article ). However, there is a lack of child-specific Rights within the Constitution to address children s needs that are different from, and additional to, those of adults. Child-specific Rights or children s Rights are human Rights for all children and young people under 18 years of age. They take into account the vulnerable situation of children, in that they are largely dependent on adults for their care and are often powerless to vindicate their own Rights .