Oireachtas Joint and Select Committees
Tuesday, 13 July 2021
Joint Committee On Children, Equality, Disability, Integration And Youth
General Scheme of the Birth Information and Tracing Bill 2021: Discussion (Resumed)
Professor Ray Murphy:
I will say something and maybe Ms Mullan can follow up. It is clear under international law and the European Convention on Human Rights that children should have access to their relevant data. What we are doing in this legislation is proposing something that restricts that. One of the measures by which we try to attain the highest standards in terms of international human rights is by subscribing to these international conventions and then being reviewed by them. It is quite clear from the European Court of Human Rights, the UN Convention the Rights of the Child and other UN conventions that children have specific rights and there is a real danger this proposed legislation violates those rights and therefore, it should be amended to provide for children to have some kind of access. It would not be open access like an adult because there are special considerations with regard to the sensitivities of children. One of the things we propose is a maturity test, which would apply in respect of children of a certain age or the adoptive parents, if they are seeking information on a child. There is established practice. There are established principles and, prima facie, this proposal seems to violate those and we are suggesting it be amended and changed. Will Ms Mullan add something?
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