Written answers

Tuesday, 25 October 2005

Department of Health and Children

Proposed Legislation

9:00 pm

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 221: To ask the Tánaiste and Minister for Health and Children her plans to transpose the rights enshrined in the United Nations Convention on the Rights of the Child into Irish law. [30607/05]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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Ireland ratified the UNCRC without reservation on 21 September 1992. The convention entered into force for Ireland on 21 October 1992. Similar to other common law countries, Ireland has a "dualist" system under which international agreements to which Ireland becomes a party are not automatically incorporated into domestic law.

Article 29.3 of the Constitution of Ireland states: "Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States." Article 29.6 of the Constitution of Ireland provides: "No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas." These constitutional provisions have been interpreted as precluding the Irish courts from giving effect to an international agreement if it is contrary to domestic law or grants rights or imposes obligations additional to those of domestic law. Consequently, whereas Ireland has ratified the UNCRC, the convention did not thereby automatically become part of Irish law. There are no plans at present to transpose the convention into Irish law.

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