Keira Keogh (Mayo, Fine Gael)
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105. To ask the Minister for Children, Disability and Equality how Ireland’s obligations under the UNCRC are currently being met; the steps her Department is taking to incorporate the UNCRC into domestic legislation, in full or in part, in view of the fact that incorporation will strengthen compliance with international human rights standards; the timeline she envisages for this process; and if she will make a statement on the matter. [61578/25]

Norma Foley (Kerry, Fianna Fail)
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The United Nations Convention on the Rights of the Child (UNCRC) is an international human rights agreement which sets out the rights of children and young people under the age of 18. The articles of the UNCRC are wide-ranging and cover a number of areas including health, housing, social security, education, leisure and play, child protection and welfare, criminal justice, international protection as well as access to information and participation in decision-making. Ireland ratified the UNCRC in 1992.

In February 2022, Ireland submitted its combined fifth and sixth periodic reports under the Convention to the UN Committee. In February 2023, the Committee published its Concluding Observations on the Irish reports, in which they welcomed the progress Ireland has made in respecting children’s rights, and highlighted areas where more needs to be done.

The process of implementation of the UNCRC into national law depends on the national traditions and systems of implementation of international treaties, most notably, whether the legal system of the State is monist or dualist. Ireland has a dualist approach to international law which means that the terms of an international agreement do not become part of the domestic law of the State unless expressly incorporated by or under an Act of the Oireachtas. While Ireland is legally bound by the obligations set out in treaties that it has ratified, those treaties are not directly applicable in Irish law. In order to be enforceable domestically, a treaty must be domestically incorporated, either through an Act of the Oireachtas or an amendment to the Constitution.

I am aware that in their concluding observations on the combined fifth and sixth periodic reports of Ireland, the United Nations Committee recommended that the Ireland “fully incorporate the Convention into national legislation, (and) conduct a comprehensive review of all its legislation to align it with the Convention.”

The Department has commissioned research on Ireland’s legislative compliance with the UNCRC, which will support the identification of gaps in existing legislation and give recommendations for new or revised legislation to uphold the UNCRC. Following this, the Department will review the findings and consult with the Attorney General’s Office in relation to any legislative gaps identified, to seek advice on next steps.