Ivana Bacik (Independent) | Oireachtas source

On Second Stage a number of Senators spoke about the merits of the wording presented in the Bill and, in particular, how it would guarantee greater equality among children, particularly those from marital families who heretofore were not capable of being adopted in the same way as those from non-marital families. I appreciate the principle of inserting a reference to equality. The Irish Human Rights Commission has suggested consideration be given to the inclusion in the Constitution of an effective guarantee of equality. However, I prefer its approach to securing a guarantee of equality by amending Article 40(1) which has been widely criticised as being too limited.

I do not wish to pre-empt the Minister's reply, but I would be concerned about simply inserting the word "equally" into the current text of Article 42A(1). I am not sure it would work. The article would state, "The State recognises and affirms the natural and imprescriptible rights of all children equally". Vindicating the natural and impresciptible rights of certain children would mean that they were treated unequally in that they required additional support or help. I am not sure that is captured by the word "equally". While I appreciate the intention behind the amendment, I am not sure it is the correct way to proceed.