Seanad debates

Wednesday, 3 October 2012

Thirty-First Amendment of the Constitution (Children) Bill 2012: Committee Stage

 

11:35 am

Photo of Jillian van TurnhoutJillian van Turnhout (Independent) | Oireachtas source

I apologise for arriving late for the debate, but I was launching a report produced by the One in Four organisation.

There is considerable potential in the proposed Article 42A(1) and how it is interpreted will be important because it is the bedrock of the entire constitutional amendment. In the event that the courts seek to establish the intention of the framers to guide their interpretation of the article, will the Minister confirm that the amendment has been drafted to be in keeping with Ireland's international treaty obligations as contained in the Convention on the Rights of the Child and as recommended by the UN Committee on the Rights of the Child on two separate occasions, in 1998 and 2006, respectively? This provision should guide and potentially strengthen the protection of children in other areas when read with other laws. It provides signposts for the courts, policy-makers and decision-makers that children are independent rights holders.

Much has been made of the phrase "as far as practicable", but this is standard constitutional wording and it will be our role, as legislators, to articulate and express these rights appropriately in legislation.

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