Cabinet agrees text for child amendment [IrishTimes]
- Published: 14 January 2011
THE CABINET has agreed a proposed new wording for a children’s amendment to the Constitution, which recognises the rights of all children but does not contain a provision that would allow the State be sued to have economic or social specific rights vindicated.
It follows the wording of the amendment proposed by the all-party committee on the subject to a large degree, but, arising from concerns understood to be held by the Attorney General Paul Gallagher, the commitment to the general welfare of children is expressed in aspirational terms, and will be in Article 45 of the Constitution, headed “Directive Principles of Social Policy”.
If the amendment is passed, this will state: “The State acknowledges that children, by reason of their physical and mental immaturity, need special safeguards and care, including appropriate legal protection, and pledges itself to safeguard with special care the rights and interests of children.
“The State shall cherish all the children of the State equally.”
Like the committee’s proposed wording, the distinction between the status of the children of married and unmarried parents is removed, so that the same threshold will exist for intervention in all families.
This will entail amending Article 42 A on the family to include a reference to parents “regardless of their marital status” failing in their responsibility to the child. The State will then seek to supply the place of the parents. This replaces the existing Article 42.5, dealing with State intervention.
Full Story: www.irishtimes.com
