DOCSLIB.ORG

Children's Referendum

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Children's Referendum Children’s Referendum : A Legal and Policy Overview September 2012 The Children’s Rights Alliance is a coalition of over 100 organisations working to secure the rights of children in Ireland, by campaigning for the full implementation of the UN Convention on the Rights of the Child. We aim to improve the lives of all children under 18, through securing the necessary changes in Ireland’s laws, policies and services. Membership The Alliance was formally established in March 1995. Many of its member organisations are prominent in the children’s sector – working directly with children on a daily basis across the country. The Alliance’s policies, projects and activities are developed through ongoing collaboration and consultation with its member organisations. Vision Ireland will be one of the best places in the world to be a child. Mission To realise the rights of children in Ireland through securing the full implementation of the UN Convention on the Rights of the Child. September 2012 ©2012 Children’s Rights Alliance – Republic of Ireland Limited The Children’s Rights Alliance is a registered charity – CHY No. 11541 This is an in-house publication. For any enquiries or to obtain additional copies of this paper, please contact: Children’s Rights Alliance 31 Molesworth Street Dublin 2 Tel: +353.1.662 9400 Fax: +353.1.662 9355 Email: [email protected] Website:www.childrensrights.ie www.youtube.com/user/cradub www.facebook.com/childrensrightsalliance www.twitter.com/ChildRightsIRL Contents 1. Introduction ..................................................................................................................................... 1 2. Children’s Rights ............................................................................................................................... 1 2.1 The UN Convention on the Rights of the Child ............................................................................. 1 2.2 Children’s Rights and the Rights of the Family ............................................................................. 2 2.3 Children’s Rights and Child Protection ......................................................................................... 2 3. Children’s Rights in the Constitution................................................................................................ 3 3.1 What is the Constitution and why is it important? ...................................................................... 3 3.2 What constitutional rights do children have at present? ............................................................. 3 3.3 What are unenumerated rights? .................................................................................................. 3 3.4 Which constitutional rights do families have in relation to their children? ................................. 4 3.5 Do all children enjoy the same constitutional rights? .................................................................. 5 3.6 What countries give rights to children in their Constitution? ...................................................... 5 4. The Amendment .............................................................................................................................. 6 4.1 Key Milestones in the History of the Amendment ....................................................................... 6 4.2 Reports Calling for Constitutional Reform .................................................................................... 7 4.3 How the Constitution is Amended ................................................................................................ 7 5. Why Constitutional Reform is Needed............................................................................................. 9 5.1 Best Interests as a Tool for Decision-Making ............................................................................... 9 5.2 Protecting Children and Supporting Families ............................................................................. 11 5.3 Listening to the Views of Children .............................................................................................. 12 5.4: Reform our Adoption Laws ........................................................................................................ 13 Appendix 1: Articles 41 and 42 of the Constitution of Ireland, 1937 .............................................. 14 Appendix 2: Joint Committee on the Constitutional Amendment on Children Wording 2010 ...... 16 Appendix 3: Information on the Standards in Public Office Commission ....................................... 17 Appendix 4: Extracts of Global Constitutional Provisions on Children ........................................... 19 Appendix 5: Key Documents on the Constitutional Amendment on Children ............................... 21 Appendix 6: Member Organisations of the Children’s Rights Alliance ........................................... 22 1. Introduction The Children’s Rights Alliance is a coalition of over 100 organisations working to secure the rights of children in Ireland, by campaigning for the full implementation of the UN Convention on the Rights of the Child. We aim to improve the lives of all children under 18 years, through securing the necessary changes in Ireland’s laws, policies and services. One of its founding objectives of the Alliance upon its establishment in 1995 was to seek an amendment to the Constitution of Ireland to strengthen the rights of children. Since we were established we have engaged in extensive advocacy on this issue, in particular during the past seven years. The purpose of this Paper is to raise awareness among the Alliance member organisations and parliamentarians of the need for constitutional reform for children and to provide a legal and policy overview of the likely components of the amendment to be put before the People this autumn. 2. Children’s Rights Children's rights are human rights for all children and young people under 18 years of age. They are child-specific and take into account the vulnerable situation of children, in that they are largely dependent on adults for their care and are often powerless to vindicate their own rights. Children’s rights in Ireland flow from a number of sources, primarily: • The Constitution of Ireland • The European Convention of Human Rights • The Charter of Fundamental Rights of the European Union • The UN Convention on the Rights of the Child and other international human rights treaties • Relevant legislation 2.1 The UN Convention on the Rights of the Child In 1989 the UN General Assembly adopted the Convention on the Rights of the Child in recognition of the specific rights and vulnerabilities of children and to promote greater protection of children around the world. Ireland, which ratified the Convention in 1992, is among 193 States that have ratified the Convention. By doing so, Ireland committed itself to promote, protect and fulfil the rights of children as outlined in the articles of the Convention. With just the US, Somalia and South Sudan yet to ratify the Convention, it is the most widely-accepted human rights treaty in the world. Every five years, the progress of each State in implementing the Convention is examined by the UN Committee on the Rights of the Child. The Convention provides benchmarks or signposts that help States make better decisions and achieve more successful outcomes for children and their families. There are four principles which underpin the implementation of all other rights contained in the Convention: • Protection against discrimination (Article 2) – which includes discrimination against a child on the basis of the child’s parentage • The best interests of the child (Article 3) – the State is required to ensure that in all matters affecting a child, the best interests of that child are a primary consideration 1 Children’s Referendum: A Legal and Policy Overview. September 2012. • The right to survival and development (Article 6) – the State is required to ensure the child’s survival and development to the greatest extent possible • Listening to the child (Article 12) – that in decisions affecting them, the views of the child are considered Other key rights contained in the Convention include the rights to: • protection from abuse and neglect (Article 19) • health and health services (Article 24) • be adopted (Article 21) • an adequate standard of living (Article 27) • education (Article 28 and 29) • play, rest and leisure (Article 31) 2.2 Children’s Rights and the Rights of the Family Parents and families are central to a child’s life. The rights of parents and children are inextricably linked. In most cases, a child’s rights are vindicated by his or her parents. Strengthening rights for children in the Constitution will help empower parents to ensure that the State upholds their children’s rights and takes decisions that are in the child’s best interests. A children’s rights perspective recognises that children are individuals and are not the property or possession of an adult. The UN Convention on the Rights of the Child clearly sets out the relationship between children’s rights and the child’s family. The UN Convention on the Rights of the Child: • explicitly recognises the family as the “fundamental group of society and the natural environment for the growth and wellbeing of…children” (Preamble) • acknowledges that parents have the “primary responsibility” for their child’s upbringing and development (Article 18) • affirms that the family itself requires protection
Load more

Recommended publications
  • Evaluation of the Irish Referendum on Lisbon Treaty, June 2008
    Evaluation of the Irish Referendum on Lisbon Treaty, June 2008 Markus Schmidgen democracy international is a network promoting direct democracy. Our basic goal is the establishment of direct democracy (initiative and referendum) as a complement to representative democracy within the European Union and in the nation states. We also work on the general democratisation of the European Union, democratic reform and more direct and participatory democracy worldwide. http://www.democracy-international.org Written by Markus Schmidgen Layout: Ronald Pabst Proof-reading (contents):, Gayle Kinkead, Ronald Pabst, Thomas Rupp Proof-reading (language): Sheena A. Finley, Warren P. Mayr Advice: Dr. Klaus Hofmann, Bruno Kaufmann, Frank Rehmet Please refer all questions to: [email protected] Published by democracy international V 0.9 (4.9.2008) Evaluation of the Irish Referendum on Lisbon Treaty, June 2008 I Introduction This report examines the process of the Irish CONTENT referendum on the Treaty of Lisbon. The referendum was held on June 12, 2008 and was the only referendum on this treaty. The evaluation is I INTRODUCTION .......................................... 3 based on the criteria set by the Initiative and Referendum Institute Europe (IRIE). These criteria are internationally recognized as standards to II SETTING...................................................... 4 measure how free and fair a referendum process is conducted. This enables the reader to compare the II.1 Background ................................................... 4 Irish Lisbon referendum to other referendums and to identify the points that could be improved as well II.2 Actors ............................................................. 4 as those that are an example to other nations. II.3 Evaluation...................................................... 7 We at Democracy International and our European partners have already published a series of reports on the EU constitutional referenda of 2005: Juan III CONCLUSION.........................................
    [Show full text]
  • Supreme Court Visit to NUI Galway 4-6 March, 2019 Welcoming the Supreme Court to NUI Galway
    Supreme Court Visit to NUI Galway 4-6 March, 2019 Welcoming the Supreme Court to NUI Galway 4-6 March, 2019 Table of Contents Welcome from the Head of School . 2 Te School of Law at NUI Galway . 4 Te Supreme Court of Ireland . 6 Te Judges of the Supreme Court . 8 2 Welcome from the Head of School We are greatly honoured to host the historic sittings of the Irish Supreme Court at NUI Galway this spring. Tis is the frst time that the Supreme Court will sit outside of a courthouse since the Four Courts reopened in 1932, the frst time the court sits in Galway, and only its third time to sit outside of Dublin. To mark the importance of this occasion, we are running a series of events on campus for the public and for our students. I would like to thank the Chief Justice and members of the Supreme Court for participating in these events and for giving their time so generously. Dr Charles O’Mahony, Head of School, NUI Galway We are particularly grateful for the Supreme Court’s willingness to engage with our students. As one of Ireland’s leading Law Schools, our key focus is on the development of both critical thinking and adaptability in our future legal professionals. Tis includes the ability to engage in depth with the new legal challenges arising from social change, and to analyse and apply the law to developing legal problems. Te Supreme Court’s participation in student seminars on a wide range of current legal issues is not only deeply exciting for our students, but ofers them an excellent opportunity to appreciate at frst hand the importance of rigorous legal analysis, and the balance between 3 necessary judicial creativity and maintaining the rule of law.
    [Show full text]
  • Download Report
    Foreword At the end of its public information campaign, The Commission is very the Referendum Commission established in grateful to suppliers relation to any referendum must prepare a report and contractors for for the Minister for Housing, Planning and Local producing information material of various kinds Government on the performance of its functions. for us within tight timeframes. We are particularly This report outlines the approach taken by the grateful to broadcasters for their cooperation in Referendum Commission to the referendum on the scheduling our free-to-air broadcasts explaining regulation of divorce, and provides some detail on the referendum proposal, often provided to them the main elements of its information campaign. at short notice and broadcast at peak viewing and listening times. These free-to-air broadcasts play On 26 February 2019, the Minister established an important role in providing information, and in a Referendum Commission in relation to the particular in encouraging people to vote on the day referendum on the Thirty-eighth Amendment and we would like to acknowledge that support and of the Constitution (Dissolution of Marriage) Bill express our gratitude for it. 2016, which provided for a referendum on the regulation of divorce. The referendum took place on Pursuant to Section 14(1) of the Referendum Act 24 May 2019. 1998, I hereby present to the Minister the report of the Referendum Commission on the performance This gave the Commission just over twelve weeks of its functions in respect of the referendum on to prepare and deliver its public information the Thirty-eighth Amendment of the Constitution campaign, a longer period than was given to (Dissolution of Marriage) Bill 2016.
    [Show full text]
  • Precarious Bicameralism? Senates in Ireland from the Late Middle Ages to the Present
    Precarious Bicameralism? Senates in Ireland from the late Middle Ages to the Present MacCarthaigh, M., & Martin, S. (2019). Precarious Bicameralism? Senates in Ireland from the late Middle Ages to the Present. In N. Bijleveld, C. Grittner, D. E. Smith, & W. Verstegen (Eds.), Reforming Senates: Upper Legislative Houses in North Atlantic Small Powers 1800-present (pp. 239-54). (Routledge Studies in Modern History). Routledge. Published in: Reforming Senates: Upper Legislative Houses in North Atlantic Small Powers 1800-present Document Version: Peer reviewed version Queen's University Belfast - Research Portal: Link to publication record in Queen's University Belfast Research Portal Publisher rights © 2019 Taylor & Francis. This work is made available online in accordance with the publisher’s policies. Please refer to any applicable terms of use of the publisher. General rights Copyright for the publications made accessible via the Queen's University Belfast Research Portal is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The Research Portal is Queen's institutional repository that provides access to Queen's research output. Every effort has been made to ensure that content in the Research Portal does not infringe any person's rights, or applicable UK laws. If you discover content in the Research Portal that you believe breaches copyright or violates any law, please contact
    [Show full text]
  • Template 3 Cover Front and Back
    The Referendum in Ireland 1 Prepared by the Department of Housing, Local Government and Heritage gov.ie/housing 1. Introduction ...................................................................................................... 3 2. Constitutional Referendum .............................................................................. 3 2.1 Amendment of the Constitution .............................................................. 3 2.2 Procedure at a Constitutional Referendum ............................................. 5 2.3 Who can vote? ........................................................................................ 5 2.4 Information on proposed amendment ..................................................... 6 2.5 The Poll .................................................................................................. 7 2.6 Voting arrangements .............................................................................. 7 2.7 Voting ..................................................................................................... 8 2.8 The Count ............................................................................................... 9 2.9 Referendum Result ................................................................................. 9 3. Ordinary referendum ..................................................................................... 10 4. Law relating to Referendum........................................................................... 11 5. Other Leaflets ...............................................................................................
    [Show full text]
  • Discretionary Referenda and the Irish Constitution Timothy Collins
    Brooklyn Journal of International Law Volume 35 | Issue 2 Article 7 2010 I Amend Therefore I Am? Discretionary Referenda and the Irish Constitution Timothy Collins Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation Timothy Collins, I Amend Therefore I Am? Discretionary Referenda and the Irish Constitution, 35 Brook. J. Int'l L. (2010). Available at: https://brooklynworks.brooklaw.edu/bjil/vol35/iss2/7 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. I AMEND THEREFORE I AM? DISCRETIONARY REFERENDA AND THE IRISH CONSTITUTION INTRODUCTION n July 1, 1937, the people of the Republic of Ireland approved a Onew constitution1 by a plebiscite.2 The public’s consent “rooted [the constitution] in the will of the people”3 and put it “beyond chal- lenge,”4 except via amendment by the people.5 Specifically, Article 46 of the new constitution provided that, in addition to being passed in both houses of the Oireachtas (the Irish parliament);6 prospective amendments must also “be submitted by Referendum to the decision of the people”7 in accordance with the current referendum law.8 Since the adoption of the Constitution in 1937, there have been thirty9 amendment proposals sub- mitted to the people by referendum.10 Of these, twenty-one have been approved.11 Meanwhile, regular bills that do not propose amendments to the Con- stitution may be put to referendum at the discretion of the executive branch.
    [Show full text]
  • Referendum Commission Official Languages Act 2003
    REFERENDUM COMMISSION OFFICIAL LANGUAGES ACT 2003 Introduction This scheme is submitted on behalf of the Referendum Commission. It has been prepared under the Official Languages Act and replaces the previous scheme which was approved on 12 May 2005. Section 15 provides for the preparation by public bodies of a scheme detailing the services they will provide - • through the medium of Irish, • through the medium of Irish and English, and • through the medium of English, and the measures to be adopted to ensure that any service not provided by the public body through Irish will be so provided within an agreed time frame. Background and Role of the Referendum Commission The Referendum Commission is an independent body set up by the Referendum Act 1998 as amended by the Referendum Act 2001. The Act of 1998 provides that the Chairperson of the commission shall be a former judge of the Supreme Court or the High Court or a judge of the High Court. The other members shall be the Clerk of Dáil Éireann, the Clerk of Seanad Éireann, the Ombudsman and the Comptroller and Auditor General. The Commission is independent in the performance of its functions and is supported by a secretariat from the Standards in Public Office Commission and the Office of the Ombudsman. The Commission has no full time staff. Whenever a referendum falls to be held, the establishment of a Referendum Commission is at the discretion of the Minister for the Environment, Community and Local Government. A Commission is created by means of an Establishment Order issued by the Minister in respect of the proposed referendum.
    [Show full text]
  • Hibernian Law Journal *56 Fair Referendum Campaigns in the Light of Recent Court Decisions Introduction Intervention of the Cour
    Page1 Hibernian Law Journal 2015, 14(1), 56-74 Hibernian Law Journal 2015 *56 Fair referendum campaigns in the light of recent Court decisions PATRICIA McKENNA Subject: Electoral process. Other related subjects: Constitutional law Keywords: Campaign expenditure; Constitutionality; Ireland; Referendums; Introduction The Supreme Court decision in McKenna v An Taoiseach (No. 2)1 has long been a bone of contention within the Irish political establishment. This case ruled that the use of public money by the Government to support one side in a referendum was unconstitutional. Despite frequent calls for this decision to be revisited, 2 the principles established in McKenna have been reaffirmed in McCrystal v The Minister for Children and Youth Affairs. 3 In that case, the Supreme Court made it clear that there should be a strict interpretation of the McKenna principles with regard to publicly funded information. The court also held that it is possible for the Government to breach the McKenna principles without intending to do so. 4 This has reopened the debate on Government involvement in the constitutional referendum process and its provision of publicly funded information during the campaign. This article will first explore some of the main issues surrounding the McKenna principles, as clarified by McCrystal. It will attempt to justify the reasoning behind these decisions and address some public criticisms of the decisions, with a focus on the constitutional role of Government in relation to referendums. Finally, some options for striking the balance between ensuring fairness and equality as against voters' access to accurate information on referendums will be canvassed. In conclusion, it will be argued that expanding the mandate of the Referendum Commission is the best way forward.
    [Show full text]
  • Supreme Court of Ireland | Annual Report 2018 Categorisation of Applications for Leave to Appeal
    Annual Report Supreme Court of Ireland Supreme Court Cúirt Uachtarach na hÉireann Supreme Court of Ireland Annual Report 2018 Report published by the Supreme Court of Ireland with the support of the Courts Service. Editors: Sarahrose Murphy, Senior Executive Legal Officer to the Chief Justice Patrick Conboy, Executive Legal Officer to the Chief Justice Case summaries prepared by the following Judicial Assistants: Seán Beatty Iseult Browne Paul Carey Patrick Dunne Luke McCann Paul McDonagh Forde Rachael O’Byrne Owen O’Donnell © Supreme Court of Ireland 2019 Contents Foreword ...................................................................................................................................... 7 Introduction ................................................................................................................................ 8 Part 1 | About the Supreme Court of Ireland ............................................................................ 13 Jurisdiction ............................................................................................................................ 14 Background ........................................................................................................................ 14 1. Appellate jurisdiction ..................................................................................................... 14 2. Appellate Constitutional jurisdiction ............................................................................ 15 3. Original jurisdiction ......................................................................................................
    [Show full text]
  • Submissions to the Citizens' Assembly on the Fourth Topic for Consideration
    Submissions to the Citizens’ Assembly on the fourth topic for consideration The manner in which referenda are held Signpost Document for Assembly Members Key issues raised and themes covered 1 Contents Page Submissions Process and Background..............................................................................3 Purpose of this document.....................................................................................................4 Introduction............................................................................................................................6 1. Referendum Procedure/ Process...................................................................................7 Electronic or Online Voting.......................................................................................................7 Voting location and time available for casting votes................................................................8 Voting from Abroad..................................................................................................................9 Referendum wording including Multi-Optional Ballots.............................................................9 What constitutes a majority? .................................................................................................11 Reporting on results...............................................................................................................12 2. Legal challenges in respect of referendums and their impact, including the ‘McKenna Principles’...........................................................................................................13
    [Show full text]
  • Referendums and the Constitution
    Research Paper Research Referendums and the Constitution By Lucy Atkinson and Andrew Blick REFERENDUMS AND THE CONSTITUTION Lucy Atkinson and Andrew Blick First published in Great Britain in 2017 by The Constitution Society Top Floor, 61 Petty France London SW1H 9EU www.consoc.org.uk © The Constitution Society ISBN: 978–0-9954703–4-7 All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the publisher of this book. REFERENDUMS AND THE CONSTITUTION 3 Contents About the authors 4 Summary and recommendations 5 Key Principles and Good Practice for Referendums in the United Kingdom 8 Introduction 10 The rise of the referendum 22 The pre-history of the referendum 22 Historic phases of the referendum 26 Case studies 40 1975 EEC Referendum 40 ‘The Pontius Pilate of British politics’ 57 The 1998 Belfast/Good Friday Agreement Referendum 71 2011 – The Alternative Vote Referendum 91 Conclusions: key questions 107 Recommendations: Key Principles and Good Practice 126 Key Principles and Good Practice for referendums in the United Kingdom 127 Appendix 1 132 4 REFERENDUMS AND THE CONSTITUTION About the authors Lucy Atkinson is Research Fellow at The Constitution Society. Dr. Andrew Blick is Lecturer in Politics and Contemporary History, King’s College London, and Senior Adviser, The Constitution Society. REFERENDUMS AND THE CONSTITUTION 5 Summary and recommendations On 23 June 2016 a referendum was held in the United Kingdom (UK) to determine whether it should remain within or leave the European Union.
    [Show full text]
  • Dáil Éireann
    Vol. 806 Thursday, No. 3 13 June 2013 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 13/06/2013A00100Leaders’ Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 911 13/06/2013D00900Order of Business � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 918 13/06/2013E02200Debt Collectors Bill 2013: First Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 920 13/06/2013E03000Planning and Development (Amendment) Regulations 2013: Motion � � � � � � � � � � � � � � � � � � � � � � � � � � � 921 13/06/2013E03300Ministerial Rota for Parliamentary Questions: Motion � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 921 13/06/2013E03600Topical Issue Matters � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 922 13/06/2013E03800Central Bank (Supervision and Enforcement) Bill 2011: Order for Report Stage � � � � � � � � � � � � � � � � � � � � 923 13/06/2013E04100Central Bank (Supervision and Enforcement) Bill 2011: Report and Final Stages � � � � � � � � � � � � � � � � � � � 923 13/06/2013P02600Business of Dáil � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 956 13/06/2013Q00100Topical
    [Show full text]