Tony Gregory (Dublin Central, Independent)
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Question 135: To ask the Tánaiste and Minister for Health and Children the reason children's rights have not been incorporated into Irish legislation in the context of the Second Shadow Report to the United Nations Committee on the Rights of the Child; if there are plans to make children's rights explicit in the Constitution; and if she will make a statement on the matter. [23330/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The former National Children's Office (now subsumed into the Office of the Minister for Children) undertook responsibility for the co-ordination and transmission of Ireland's Second Report to the United Nations Committee on the Rights of the Child. The report deals specifically with this issue. With regard to the full incorporation of the UN Convention into Irish law the State party report states: The All-Party Oireachtas Committee on the Constitution review of the Articles in the Constitution dealing with the family was published in 2006. The Review Group recommendation was that a new section should be inserted in Article 41 dealing with the rights of children as follows: All children, irrespective of birth, gender, race or religion, are equal before the law. In all cases, where the welfare of the child so requires, regard shall be had to the best interests of that child.

The Committee's recommendations are under consideration by the Government. The complexities involved in holding a referendum require that the careful consideration be given to the frequency with which referenda can be realistically held and the significance of the issues in question. There are no specific plans to hold any referenda during the lifetime of the 29th Dail.

It should also be noted that a number of the rights set out in the UN Convention on the Rights of the Child are already provided for in the Constitution, either expressly or impliedly. Others are provided for in legislation. Yet other rights were, or are now, provided for in the State on an administrative basis. Important milestones in Ireland with regard to strengthening children's rights include:

∙Status of Children Act, 1987, which abolished discrimination against non-marital children;

∙Child Care Act, 1991, deals with children in need of care and protection. The promotion of the welfare of children is the paramount principle underpinning the Act.

∙Children Act, 1997, which updated the law on guardianship, custody and access and which introduced a comprehensive range of measures to safeguard the interests of child;

∙Criminal Law Act 1997 Section 12 of the Act abolished the power of a court to impose a sentence of corporal punishment.

∙Non-Fatal Offences against the Person Act 1997 Section 24 of the Act abolished the common law rule under which teachers had immunity from criminal liability for physically punishing pupils.

∙Education Act, 1998 giving a statutory basis to existing arrangements governing the running of schools at primary and post-primary level including making provision, in the interests of the common good, for the education of every person in the State including those who have a disability or who have other special educational needs.

∙The Education (Welfare) Act, 2000 which established the National Educational Welfare Board (NEWB) on a statutory basis as the single national body with responsibility for school attendance and provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving.

∙The Equal Status Act, 2000 provides protection against direct and indirect discrimination outside of employment on nine grounds. These are: gender; marital status; family status; sexual orientation; religion; age; disability; race; membership of the Traveller Community.

∙The Children Act 2001, which was passed by the Oireachtas in June 2001, constitutes a fundamental revision of existing legislation governing the treatment of children in conflict with the law and non-offending children in need of special care or protection.

∙Education for Persons with Special Educational Needs Act, 2004 which provides for the education of people with special educational needs.