Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Deputy Joan Collins referred to the UN Convention on the Rights of the Child. The State has signed and ratified the convention, as have all but two countries in the world. We ratified it some time ago. That has been an influence in terms of the best approach to understanding children’s rights.

It has been that way internationally. In the provisions we are making we are not incorporating the United Nations Convention into Irish law because if we were to do so we would need the explicit permission of the people. Clearly, these principles are important and have influenced not only national but international thinking in regard to children. It is very important to point out that Article 7 of the convention mentions the child's links to his or her family, and is very strong in the same way that, in our Constitution, Article 41 protects the rights of the family. We took the key principles as examined by the committee, and the wording it proposed - and I reiterate had to work from that committee wording, which I accept was the end result of an enormous amount of work - and move it into what I and my Department and all those who worked on this consider to be a robust constitutional wording.

In regard to the Deputy's point I offer a reassurance. What is stated in Article 41 is that "all citizens shall, as human persons, be held equal before the law". I pointed out that the provisions we are inserting and the additional protections that apply to children are an addition to what is in the Constitution. Children do not lose the protection of the other articles because we are including a specific reference and specific article in their regard. There is that very strong statement, "all citizens shall, as human persons, be held equal before the law", which continues to apply. In addition, alongside it is the provision about which I stated I would be concerned if it were included in the way that was suggested, whereby the question could arise as to whether the State could positively discriminate in favour of those who are disadvantaged. Alongside that provision is the provision which states, "this shall not be held to mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function".

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