Topic
Article 42 A of the Irish Constitution states as follows;
“The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights. In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child”.
Question
Consider the role of the state in child protection to balance parental rights and children’s rights as protected by the Irish Constitution and International influences, with specific reference to the European Convention of Human Rights (ECHR) and United Nations Convention on the Rights of the Child (UNCRC).
Tips
-2500 words EXCLUDING BIBLIOGRAPHY
– All scholarly references
– Must be well detailed and informed
Required Reading:
- Claire Hamilton, ‘Irish Social Work and Social Care Law’ 1st ed., (Gill and Macmillan, 2012)
Part I
- “Children’s Rights Alliance; Making Rights Real for Children”; Children’s Alliance, July 2015
- Kilkelly, Ursula. (1998) Children’s Rights in Ireland: Law, Policy and Practice, (Tottel
Publishing) Chapters 8 and 9.
- Shannon, Geoffrey (2015), Children and Family Relationships Law in Ireland, Practice and
Procedure, Chapter 1.
- HSE v DK, 2007 – Judge McMenamin examines the role of the Guardian ad Litem (High
court; www.courts.ie)
- K & T v Finland 2001 – European Court of Human Rights examines the balance of parental /
children rights in child care / public proceedings.
- SMCG & anor -v- The Child and Family Agency, High Court, Baker J., 17th November 2015,
- [2015] IEHC 733 Childcare – applicants challenging detention of minor children –whether
order was made without jurisdiction – right to fair process.(www.courts.ie
- Paul Ward, The Child Care Act 1991, 3rd Edition, (Thomson Round Hall 2014), Part II; Section
3; Functions of the Child and Family Agency.
- Children’s First Guidelines, 2017 and Practice Handbook for Practitioners; definitions of child abuse and neglect.
- Child Care Reporting Project, www.childlawproject.ie; Case examples
- Claire Hamilton, ‘Irish Social Work and Social Care Law’ 1st ed., (Gill and Macmillan, 2012),
Chapter 7
