On Saturday (10th November), Ireland will be presented with a unique opportunity to make a real difference to the lives of children in Ireland, by voting ‘Yes’ in the Children’s Referendum.
For anyone working with vulnerable children, this referendum is long overdue and absolutely necessary. It’s a chance to finally bring our laws in line with our values as a society and make a statement that we value childhood. The amendment comes on foot of 17 official reports that catalogue how Ireland has failed thousands of children who were subjected to ill-treatment and abuse. The referendum will put children at the heart of our Constitution and our child protection system.
We believe that the amendment wording deals with critical problems in relation to children in the Constitution. The provision inserts a new article into the Constitution. In addition, it replaces Article 42.5 which provides that the State can intervene for ‘physical or moral reasons’ in exceptional circumstances to ‘supply the place of parents’. The new provision modernises Article 42.5 and will act as the foundation for our child protection system. The proposed change is not an attack on parents or the family, nor is it a radical shift. The marital family is very well protected in Article 41, which will remain unaltered, and safeguards have been added to protect against over-intervention by the State.
What it does is essentially set out the basis for how the State intervenes to protect children. It empowers the State by ‘proportionate means’ to intervene when the safety or welfare of a child is likely to be ‘prejudicially affected’. This would, in our view, move the State’s emphasis to the well-being of the child and should provide more support to families at risk. It refocuses this provision on the child instead of the parents’ failings. Intervening earlier can bring significant savings (both financial and human) by keeping families together, and reducing the numbers of children who are abused or are taken into State care.
It will also allow us to reform our adoption laws. Presently, it is practically impossible to adopt children in long-term foster care, denying hundreds of children a second chance at family life. Also, married parents cannot give their consent for their child to be adopted. The amendment will allow the Oireachtas to address these long-standing concerns.
The amendment will also mean that the Oireachtas must legislate to ensure that the ‘best interests’ will be the decision-making basis for judges in care and family law proceedings. Written in 1937, the Constitution unintentionally undermines what is in the best interests of children and what will keep them safe. A judge in a custody battle, for example, doesn’t have to put the interests of children first or listen to their views when making life-changing decisions for the children involved. This can also happen in child protection and access cases, leading to bad decisions that are not based on the best interests of children.
The amendment also means that the Oireachtas will have to legislate to ensure that the views of children are taken into account by judges in care and family law proceedings. The Ryan Report, which exposed the systemic and horrific abuse of children in industrial schools, clearly shows the devastating consequences of institutions putting their interests first and not listening to children. For decades, vulnerable children tried to complain about neglect, abuse and starvation, but no one listened. Listening to children, bearing in mind their age and maturity is critical, if our courts are to make good decisions for children.
While we are hugely optimistic about the potential of the amendment, we are not naïve. The amendment will not, and cannot, solve all ills. Much further work is needed. However, we believe the successful passage of the referendum, with a high turnout, has the potential to be a game-changer for children’s rights in Ireland.
Get out and vote!
SIPTU members have a long history of campaigning for social justice in this country, and as frontline workers many of you know first-hand how important it is to protect our children. You are among the strongest advocates for children, and well placed to discuss the issues with your colleagues, friends and families, and urge them to vote ‘Yes’ to make a real difference to the lives of children.
We can’t take away the abuse of the past, and we can’t protect every child from abuse. But we can draw a line in the sand and insist that our Constitution respects, protects and listens to children.
It’s time now to shift from passive support to taking action. With only a few weeks to go, we cannot be complacent, we need to make sure we all do our bit to get information out there and then get everyone out to vote ‘Yes’ for children on Saturday 10 November. Our children are counting on you.
Tanya Ward is Chief Executive of the Children’s Rights Alliance
Resources on the Children’s Referendum: The Children’s Rights Alliance has produced a number of resources on the proposed wording, which you will find on www.childrensrights.ie. Key documents are listed below: - Summary explanation of the referendum wording
- Short briefing note on the referendum
- Detailed analysis of the amendment wording, its objectives and likely impact if the referendum is passed
- Legal and policy overview, providing background information on the amendment.
For more information about the Yes for Children campaign go to www.yesforchildren.ie |