Proposed article to protect children's rights

Updated: 22:25, Tuesday, 16 February 2010

An Oireachtas Committee has published its wording for an amendment to the Constitution regarding the rights of the child.

1 of 1Mary O'Rourke - Believes wording will strengthen children's rights
Mary O'Rourke - Believes wording will strengthen children's rights

The Joint Committee on the Constitutional Referendum on Children has published its wording for an amendment to the Constitution regarding the acknowledgment and protection of children.

In its third report, the committee has proposed the introduction of a new article, 'Article 42' entitled 'Children' to be inserted into the Constitution to replace the current article 42.

The amendment proposed by the committee provides constitutional recognition of the principles of non-discrimination and equality of children regardless of the marital status of their parents.

The amendment also recognises the right of the child to protection and care.

It requires that the child's voice is heard in any judicial and administrative proceedings affecting the child.

Committee chairperson Mary O'Rourke says the wording of the amendment will ensure that the rights of the child are given the strongest possible protection under the Constitution.

The cross-party committee is made up of 19 TDs and Senators.

It received 174 submissions and says it was guided by the principle that the outcome must be for the benefit and for the good of children.

The committee said if put to a vote in a referendum, the amendment would have far reaching benefits for children.

Call for referendum

Fine Gael has said a referendum on the rights of the child should take place before the end of the year.

Committee member Alan Shatter said the amendment extends the possibility of adoption to 2,000 children at present in long-term foster care.

Mr Shatter said there is an urgent need to incorporate the amendment in the Constitution. He said the report cannot be allowed to gather dust without taking action.

The Minister for Children and Youth Affairs Barry Andrews said be was supportive of a referendum on the issue and he wants to see one.

Mr Andrews said he cannot anticipate what the Government will say on the issue and what advice it will receive.

He said the most important thing is that any referendum is right and that the issue is properly deliberated in Government.

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