Mattie McGrath (Tipperary, Independent)
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651. To ask the Minister for Children and Youth Affairs further to Parliamentary Question No. 676 of 23 May 2017, if, prior to the current matters before the courts, her Department's definition of "child" included the unborn child; and if she will make a statement on the matter. [25600/17]

Katherine Zappone (Dublin South West, Independent)
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The definition of the child as used by my Department is that which is intended in relevant legislative provisions and in Article 42A of Bunreacht na hÉireann. The legislative provisions are outlined below and are engaged once a child is born.

In the Child Care Act 1991a child is defined in section 2 in the same way as in the Child and Family Agency Act 2013 and the Children First Act 2015as meaning “a person under the age of 18 years other than a person who is or has been married.” In the Adoption Act 2010a child is defined as “any person who is under the age of 18 years.”

In the Children Act 2001there are three separate definitions of child:

- “a person under the age of 18 years”;

- a person under 18 in relation to whom a detention order is in force and also a person of 18 years or over in relation to whom a children detention order is in force and in relation to whom a determination has been made by the Director;

- “a child under 17 years of age”.

More generally, definitions in frameworks and strategies relevant to my Department are set out below. These provide examples and evidence of the policy approach as implemented by my Department in this regard.

In Better Outcomes, Brighter Futures – The national policy framework for children and young people 2014-202and the National Youth Strategy 2015-2020a child is defined as “any person under the age of 18 years, in line with the United Nations Convention on the Rights of the Child.” The National Strategy on Children and Young People’s Participation in Decision-Making 2015-2020uses definitions consistent with the UN Convention on the Rights of the Child and the EU Charter of Fundamental Rights

In my Department’s view, these definitions do not extend to the unborn.