Why constitutional reform?

The Irish Constitution was written in 1937, at a time when children were ‘seen and not heard’ and when, for example, it was the norm for teachers to physically discipline children and for children to be seen as mere possessions of adults.

The public was rightly shocked and angered by the findings of the Ryan Report, published in May 2009, which exposed systematic abuse of children living in institutions throughout the country, that spanned half a century.  The societal attitudes that allowed this abuse to continue must be challenged and overcome.  This is our opportunity to break away from this legacy and do all we can to make Ireland one of the best places in the world to be a child.

Today, society views children differently; we appreciate that children have rights and that they should be respected as individuals in their own right.  We now need to make children visible in our Constitution.  Strengthening children’s rights in the Constitution will help ensure that each child is protected and cherished equally, and that the courts are guided to make decisions that are in the best interests of the child and keep families together.

Strengthening children’s rights in the Constitution would do just that; it would also reinforce this new societal view of children and set down a marker for us all: that every childhood counts and we have a duty to respect and protect the rights of children.
It’s important to remember that the Constitution largely reflects the time it was first written – in 1937 – when children were seen and not heard.   It is time that our Constitution reflects modern views of children and childhood.

Spain, Portugal, Poland, and Finland all have constitutions that include specific and strong rights for children.

What will change?

A robust children’s rights amendment will ensure that children in Ireland benefit in real and concrete ways.  Strengthening children’s rights in the Constitution – the highest law of the land – will mean that children, at long last, will be visible in the Constitution, in their own right.

The amendment could allow the State to take proper account of children’s rights and needs, to put their best interests at the heart of decisions affecting children, and to listen to the voice of the child.  It could also acknowledge a child’s right to know their identity and to be protected from abuse.

A children’s rights amendment could provide the State with the necessary tools to develop the very best care, adoption and child protection systems.  For example, at present, the Constitution hinders the adoption of children whose parents are married; affecting up to 2,000 children currently in long term foster care, who have grown up with little or no regular contact with their married birth parents and who are not entitled to be adopted.

A children’s rights amendment could create an equal level of protection for all children, regardless of the marital status of the child’s parents.  The amendment could empower the State to intervene in a proportionate way to protect children and this would allow for the provision of supportive interventions. As it stands, when children find themselves in dangerous or difficult situations the Constitution makes it impossible to give the same level of protection to each child.  

Each and every day, children are badly served by the current Constitution.  Vulnerable children depend on adults to safeguard their rights and ultimately their future.  But without a constitutional amendment, the State’s hands are tied.

• Legal: It would have a real and measureable difference on court decisions and on the type of legislation that can be drafted.  Currently, we cannot guarantee that the best interests of a child will be upheld, particularly in certain court proceedings.
• Children in Care:  These children include those in long term foster care, who are unable to be adopted and given a second chance of a stable family life.  This would affect up to 2,000 children.
• Culture shift: The recognition of children as full citizen rights holders in their own right would be a very significant step towards shifting historic attitudes to children’s position in society.
• External perceptions: It is a powerful sign to the outside world that we value our children.  At an international level, there is an expectation that when the Irish State is next examined by the UN Committee on the Rights of the Child that we will have made progress in the Committee’s key recommendation that Ireland recognises children’s rights in its Constitution.

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