Frequently asked questions | Children's Rights Alliance

UN Convention on the Rights of the Child (UNCRC)

How does the UNCRC define a child?

Is the role of the family protected in the UNCRC?

Are the rights of parents protected?

What does 'a child's right to have a say' mean?

Employment Rights

How many hours can I work as a child?

What kind of breaks am I entitled to?

Children and Criminal Law

At what age can a child commit an offence?

Can a child be detained by the Gardaí?

Can a child be questioned by the Gardaí?

Education Rights

What can I do if I'm being bullied in school?

Leaving Home

UN Convention on the Rights of the Child (UNCRC)

How does the UNCRC define a child?

Article 1 of the UN Convention on the Rights of the Child (UNCRC) defines a child as a person under 18 years of age. In addition to this definition of the child in Article 1, the UNCRC presents two conceptions of the child. The first is of the child as a recipient of adult care and concern. This understanding is reflected in the UNCRC's presentation of children's rights as the obligations owed to children by the State and adults generally - for example, a children's right not to be discriminated against is presented in Article 2, as a duty of the State to protect children from discrimination of any kind. A second conception of the child promoted through the UNCRC is of children as contributing participants to decisions affecting their own lives and to their communities and societies. While they may not be eligible to vote, children are young citizens who should be enabled to play an active role in the society in which they live in preparation for responsible adulthood. It is also important to note that the Childcare Act 1991 defines the age of majority (the age at which a child becomes an adult) as 18.

Is the role of the family protected in the UNCRC?

Yes. The UNCRC acknowledges the primary role of parents and the family in the care and protection of children as well as the obligation of the State to help them in carrying out these duties. Article 5, for example, states that:

"State Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognised in the present Convention."

Are the rights of parents protected?

In upholding the rights of children, the UNCRC does not infringe on the rights of parents to decide what is best for their children. Instead, it specifically states that governments shall make every effort to keep families intact and shall provide support and assistance to parents in fulfilling their responsibilities with regard to the upbringing and development of their children. The promotion of children's rights is not a matter of placing children in conflict with the adult authorities in their lives, but of encouraging all citizens to work together for a safe, healthy and productive future for children. Article 18 of the UNCRC, for example, states that:

"State Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child shall be their basic concern."

The Article goes on to state that:

"... for the purpose of guaranteeing and promoting the rights set forth in the present Convention, State Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children."

What does 'a child's right to have a say' mean?

The intention of Article 12 is to encourage adults to listen to the opinions of children and involve them in decision-making. It does not give children authority over adults and does not interfere with parents' rights and responsibilities in relation to matters affecting their children. The UNCRC recognises that a child's participation in decision-making must occur in a manner that is appropriate to the child's age and maturity. The UNCRC encourages parents, judges, social workers, childcare workers and other adults responsible for children to consider the child's view and to use that information to make decisions that will be in the child's best interests.

Employment Rights

When can I get a job?

The Protection of Young Persons (Employment) Act applies a number of restrictions in relation to the employment of minors. This act defines a child as a person less than 16 years old and a 'young person' as a person who is 16 years or older, but has not yet reached the age of 18.

If you are aged 14 years or older, you can be employed to do light work during school holidays. If you are aged 15 years or older, you can also be employed to do light work during the school term. If you are 16 years or older, and have finished full-time education, you can get a full-time job.

If you are under 16, you must have written permission from a parent or guardian in order to begin working. You must also provide your employer with a copy of your birth certificate or other evidence of your age.

How many hours can I work as a child?

If you are aged 14 years or older, you can be employed to do light work during school holidays. You cannot work for more than seven hours a day; only up to a maximum of 35 hours a week. You can also be employed under a Minister for Education approved work placement during school holidays, and this work must not exceed eight hours in one day or 40 hours a week. In addition, you must have at least a 21 day period in the summer holidays during which you are not working. If you are aged 15 years or older, you can be employed to do light work during the school term. However, this must not exceed eight hours per week.

If you are under 16, you should not be working before 8am in the morning or after 8pm in the evening. In general, 16- and 17-year-olds should not be working before 6am in the morning or after 10pm at night. There are different rules for 16- and 17-year-olds working part-time in bars or restaurants. They may work until 11pm (if they are not attending school the following day), and commence work the following day no earlier than 7am. Bar apprentices may work until 12am at night, and commence work no earlier than 8am.

What kind of breaks am I entitled to?

A child under 16 years of age is entitled to a half-hour break every four hours, 14 consecutive hours rest every day and two days off per week.

A young person over the age of 16 is entitled to a half-hour break after 4.5 hours of work, 12 consecutive hours rest every day and two days off per week.

For more information, contact the National Employment Rights Authority www.employmentrights.ie

Children and Criminal Law

At what age can a child commit an offence?

The Children Act 2001 (amended by the Criminal Justice Act 2006) has raised the age of criminal responsibility from 7 to 12. This means that a child under 12 cannot be considered capable of committing an offence. However, in cases of children alleged to have committed rape, aggravated sexual assault, murder or manslaughter, the age of criminal responsibility is 10 years. The Act also defines a child as anyone under the age of 18. If a child under 14 is charged with an offence, no further proceedings can take place without the consent of the Director of Public Prosectuions (DPP). If the Gardai believe that a child under the age of 12 has committed an offence, they are obliged to take the child to his parents or guardian. If this is not possible, the Gardai will arrange for the child to be taken into the custody of the Health Service Executive (HSE).

Can a child be detained by the Gardaí?

The Children Act 2001 puts an onus on the Gardaí to 'act with due respect for the personal rights of the children and their dignity as human persons' and for their 'vulnerability owing to their age and level of maturity'.

If a child is being detained in a Garda station, the Gardaí are obliged, as far as is practicable, to ensure that the child is kept apart from any adult being detained there. If a child is arrested and brought to a Garda station, the child must be informed of the offence in appropriate language and told that he or she can consult a solicitor. A member of the Gardai must also inform the child's parent or guardian that the child is being detained, request that they come to the station without delay, and inform them that the child is entitled to consult a solicitor. The child must also be infomed if the Gardai have been unable to contact the child's parent/s or guardian/s.

If a child is convicted of an offence, the Court can order a child under 16 to be detained in a child detention school. Children over 16 years are detained in children detention centres. However, the Court can only impose a detention order if it is satisfied that detention is the only suitable way to deal with the child and if, in the case of children under 16, there is a place available in a child detention school.

Can a child be questioned by the Gardaí?

A child may not be questioned in relation to an alleged offence without the presence of his or her parents or guardian, or another adult (nominated by the Gardai) who is not a member of the Gardaí. The Gardaí may exclude a parent or guardian from the child's presence during questioning if they have reasonable grounds that to delay the questioning might cause death or injury to persons, damage to property, evidence and so on. The Gardai also have the discretion to exclude a parent or guardian if they feel the person is likely to obstruct the course of justice.

Education Rights

When can I leave school?

A child can leave school at the age of 16 or once they have completed the junior cycle (Junior Certificate).

Can I see my school record?

The Education Act 1998 requires schools to make school records available to parents of a student or to students themselves who have reached the age of 18.

What can I do if I'm being bullied in school?

The boards of management of schools must have policies in place to deal with bullying. A school must have a code of practice that identifies what action a school will take if its anti-bullying policy has been breached. Existing sexual harassment legislation also requires schools to put in place policies that protect both staff and students. Both parents and students should have access to the code of behaviour and are encouraged to contribute to the code.

Leaving Home

When can I leave home?

A child can leave home at 16, but only with their parents' consent. The Childcare Act 1991 defines the age of majority (the age at which a child becomes an adult) as 18. At this age, there is no consent required.

If a child leaves the care of their parents' without their consent and goes somewhere where it is perceived that their well-being is being put at risk, the Health Services Executive (HSE) or the Gardai can be asked to intervene. However, situations like this are usually resolved without having to involve the Gardai.

It is also important to note that you cannot receive social welfare assistance until you reach the age of 18 and are at least three months out of school. A 16 year-old can leave school and get a full-time job, but will still need the consent of his/her parents to leave home.