Ombudsman for Children welcomes Supreme Court judgment on the validity of the Children’s Rights Referendum

Speaking following today’s unanimous decision of the Supreme Court to dismiss an appeal relating to the referendum on the Thirty-First Amendment of the Constitution, held in November 2012, the Ombudsman for Children, Dr. Niall Muldoon said:

“As Ombudsman for Children, I wish to welcome fully the Supreme Court’s decision.

“Since its establishment in 2004, the Ombudsman for Children’s Office has called for stronger protection of children’s rights in the Constitution. In each of its submissions to the Government and the Houses of the Oireachtas on this matter, this Office’s central message has been the same: Ireland should enshrine key children’s rights principles in the Constitution in order to underpin a fundamental shift in our law, policy and practice regarding children.

“Among the significant elements of the Thirty-First Amendment, approved by the people in the 2012 referendum, is the explicit recognition of children as individual rights holders; Article 42A affirms the natural and imprescriptible rights of all children and provides that the State protect and vindicate those rights through its laws.

“Although the Thirty-First Amendment does not incorporate the principles of the UN Convention on the Rights of the Child to the extent that my Office recommended, it does represent a significant and positive step forward for children and families in Ireland since it provides a strong foundation for the future incorporation of children’s rights principles into our law and policy.

“Achieving this potential will require continued and concerted effort on the part of the Government and the Oireachtas to abide by Ireland’s international obligations in this regard. The need for such effort is abundantly clear to my Office through the many and complex challenges faced by children throughout Ireland, which continue to be brought to our attention both by children and on their behalf.

“I know that the Constitutional change is not going to be the end of the fight for the rights of our children but, it must be seen as an opportunity to firstly, show all those who suffered terribly as children in the past, that we have moved into a better space and secondly, it is the beginning of a new culture of respect for all children in this country. This change can lead to a movement within the landscape so that children will, for the first time, begin to be the first thought in legislators and policy makers’ minds rather than an afterthought!

“Putting children’s interests at the heart of this process is about ensuring that other considerations do not overwhelm the rights and interests of children. A culture that respects children is one that considers the impact of decisions on children and their families.

“Until such time as children’s rights translate fully into the lived experiences of children and young people throughout Ireland, the realisation of children’s rights remains an unfinished project. Today’s decision by the Supreme Court represents an important and welcome milestone for progressing this vital work.”

ENDS

For further information please contact: Sinéad Fennell 086 6075266

• 24 April 2015
• Type: Press Release
• Topic: Family Law