Why do we need this referendum?
Our Constitution is the foundation for all the State’s laws and policies.
However, it does not provide an express statement of rights for children.
The Government is bringing forward this Referendum to give the Irish People
the opportunity to change this. This Referendum will give people the option of
updating the Constitution to reflect our shared value in relation to ensuring
the protection of all our children. The proposed Amendment is intended to give
firmer recognition to the rights of children under the Constitution and to
affirm the State’s obligation, as far as practicable, to protect those
rights.
There have been seventeen major reports on child protection failings in
Ireland since 1970. The Government now has a Programme for Change for Children
and is bringing in new laws on the reporting of child abuse and safer practices
for organisations, where children spend time, and is also reforming Ireland’s
child protection services by transferring them from the HSE and establishing a
dedicated new Child and Family Support Agency.
These reforms focus on intervention to ensure the safety and welfare of
children is protected and to ensure that child protection services can respond
appropriately to all child protection concerns.
Passing this Referendum will put children’s needs at the centre of
decision-making and will facilitate changes to adoption legislation.
What will change if the referendum is passed?
This Referendum proposes to place a dedicated Article in the Constitution
which has children as its central focus.
This Referendum is about strengthening the Constitution:
- To provide that the rights and protections set out in this new Article
should apply equally to all children, regardless of the marital status of their
parents;
- To protect children from abuse and neglect;
- To recognise children in their own right.
The wording of the proposed Constitutional amendment is
available here.
Protecting children
For children at risk, this Referendum seeks to ensure that they are protected
from harm.
It sets out when and how intervention should occur, with the focus on the
child, and referring to the impact of parental failure on the child’s safety and
welfare, rather than solely on such failure and the reasons for it.
Overall, Article 42A focuses on the protection afforded to children under the
Constitution, while respecting and preserving the rights of parents and the
family.
Supporting Families
The amendment will require State intervention in the family to be
proportionate.
This is in line with current Government policy, which is to continue the
development of early intervention and family support services, which play a
vital role in responding to child welfare concerns, thereby preventing more
serious problems arising. Furthermore, the government’s objective is to protect
children in the home and prevent children being taken into care at a later
stage.
Removing Inequalities in Adoption
On the passing of this Referendum a clear standard will apply across areas of
law relating to child welfare and protection and family law that the rights and
protections set out are to be enjoyed by
all children,
irrespective of the marital status of their parents.
If passed:
- Provision shall be made by law for the adoption of any child, irrespective
of his or her birth status. This will provide greater opportunity for children
in foster care to be adopted; and where it is in the best interests of the child
- Provision shall be made by law for the voluntary placement for adoption of
any child (again, irrespective of birth status)
There will be a revision of existing adoption law to more readily facilitate
the adoption of children in certain well-defined circumstances. These are
children who have been reared by foster parents, for a considerable period, by
reason of the failure of their parents to look after or care for them. It will
give them a better opportunity of certainty and permanency of living in a
loving, caring family.
Recognising children in their own right
It will mean that provision is made by law, that in the resolution of all
proceedings concerning the protection and welfare, adoption, guardianship,
custody, and access in respect of any child, the best interests of the child
shall be the paramount consideration.
This Referendum proposes to change our Constitution to include a standalone
article (Article 42A) on ‘Children’, thus providing a strong affirmation of each
individual child’s inherent rights, while continuing to respect and preserve the
rights of the family, as set out in the existing Article 41.
This Referendum also proposes, for the first time, to give Constitutional
recognition to the best interests and views of the child in court cases
affecting their life.
This Referendum, if passed, will mean that provision may be made by law to
ensure that in the resolution of all proceedings concerning the protection and
welfare, adoption, guardianship, custody, and access in respect of any child
that:
- the paramount consideration is the best interests of the child.
- the views and wishes of the child should be taken into account, as long as
the child is sufficiently mature to make this appropriate.
