What do you think of the argument that improving children’s rights can undermine parental rights and the importance of the family?

Children’s rights and parents’ rights are not mutually exclusive; they are inextricably linked.  Strengthening children’s rights in the Constitution is not about giving children the right to divorce their parents.  In the UN Convention, it is stated clearly that a child’s best interests are served by being with their parents wherever possible, and that a child’s parents have ‘primary responsibility’ for their child’s upbringing.  Parents will regularly do all that they can to uphold the rights of their children; they will knock on as many doors as necessary to ensure that their children’s needs are met and that their children get the services they deserve.

Unfortunately, not all children are as fortunate.  And when parents put their children in dangerous situations, we, the public, expect the State to act.  A robust amendment would, in these rare occasions, help ensure that the State can take action and give the necessary support that these children and families so desperately need.

Why do you think it has taken so long for this referendum to be progressed?

Though the issues themselves are straightforward enough, the wording of the constitutional amendment must be the best it can be to strengthen children’s rights, while also maintaining the important role of parents. 

Currently, we are waiting for the current Fine Gael and Labour Government to publish their wording for a constitutional amendment and set a date for a referendum in 2012 to allow us the opportunity to say, through the ballot, that each and every childhood counts in Ireland. 

Who wants Constitutional Reform?

Many professionals working directly with children, including legal practitioners and social workers, also support the need for constitutional reform to strengthen children’s rights.  Over the past 20 years, a number of court cases and inquiries have highlighted how the current Constitution is failing to protect children and their rights. 

All of the main political parties also want constitutional change:

[There will be]... “A referendum to amend the Constitution to ensure that children’s rights are strengthened, along the lines recommended by the All-Party Oireachtas committee.” 2011 Programme for Government
(Fine Gael and Labour Coalition Government)

“Sinn Féin is committed to: a Constitutional referendum to enshrine fully the rights of children in the Constitution.”
Sinn Fein 2011 Manifesto

“The Green Party will hold without delay a Referendum on the Rights of the Child, placing the best interests of the child at the heart of our Constitution.”
The Green Party 2011 Manifesto

“Fianna Fáil will focus on the number of specific areas where we believe amendment is desirable [..including..]An amendment to strengthen the rights of children.”
Fianna Fáil 2011 Manifesto