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Constitutional Amendment Will Strengthen Protection Of Childrens Rights

The amendment to the Constitution on the issue of children’s rights being considered by an Oireachtas Committee will strengthen protection for children, according to local Fianna Fáil TD Niall Blaney.    19/02/10

The Oireachtas Committee’s third report on the subject was launched in Leinster House this week.

“The wording that was recommended for the amendment to the Constitution will ensure that the rights of children are given the strongest protection in the Constitution.”

“The cross-part Committee has worked hard to get the wording right. They received more than 177 written submissions; heard evidence from expert people and bodies whose expertise included constitutional, criminal and family law, child protection, psychology, children’s rights, child welfare, and other fields of direct relevance.”

“There was concern that parents in particular should be assured that their rightful authority and pivotal role in relation to their children would not in any way be undermined by the proposed amendment. The preservation of the family must be paramount.”

“The proposed amendment provides constitutional recognition of the principles of non-discrimination and equality between children irrespective of the marital status of their parents. It also provides recognition of children’s natural rights, including the right to such protection and care as is necessary for the welfare of the individual child.

“The amendment also requires that the child’s voice is heard in any judicial and administrative proceedings affecting the child having regard to their age and maturity.”

“The Committee has also recommended that facilities are established to enable reporting of District Court cases under the Child Care Act 1991, subject to rules of court, on the same basis as is available in general family law cases.”

“It recommends that a new article, Article 42 (titled “Children”), be inserted in the Constitution to replace the current Article 42 and that this provision contain an express recognition of the rights of children as individuals while also expressly recognising that the primary and natural carers, educators and protectors of the welfare of a child are the child’s parents.”

“The amending of the Constitution is not something that is done lightly by any Government and that is why this process is taking some time. The result, I believe, will be a Constitution that betters protects the most vulnerable in our society, our children,” concluded Niall Blaney TD.