Children’s Referendum in Ireland Vote on November 10, 2012 UPDATED

This would be the 31st amendment to the Irish Constitution giving rights to children.

“Minister for Children, Frances Fitzgerald argues that, pivotally, this referendum will strengthen the provisions regarding the protection, equality and rights of children, regardless of the parents’ marital status. A fundamental strand of the amendment is the removal of inequalities in adoption. In Ireland there is already a strong ethos that supports children in care (91 per cent) being placed in foster families. Indeed, there are over 2,000 children who have lived with the same foster families for over five years. While, clearly it is the case that not all of these children would want to be adopted, there were only 16 children adopted, for example, in 2011. Frances Fitzgerald explains that this is because of the current Constitutional situation, where children are treated differently because of their parents’ marital status.”

“The Amendment THE proposed new Article 42A has a number of sub-sections. It asserts that: “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.” It also states that: ‘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’. Other sub-sections address various provisions for adoption including:   “Provision shall be made by law for the adoption of any child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child and where the best interests of the child so require.”

“Retired HSE Social Worker, Anna Wettergren says: “I THINK the proposed article is very vague and it leaves a lot to be interpreted for legislators and politicians. Of course, I do think that introducing rights for children is good and that the best interest of the child ought to be paramount. “However, in relation to the adoption of children in foster-care, there are several groups that have clashing interests. Of course, foster-carers who have had a child in their care for a long period of time – and where there has been no contact with biological parents – should have a possibility to adopt the child. “If this period of time is short – in the UK a child can be freed up for adoption after having been in care for six months –  there is a risk that enough efforts have not been made to try to reunify the child with its biological parents. There are also other considerations to take in to account, such as biological children still living at home or in other foster homes. “How can you secure contact between them and the child that has been adopted? There is a risk that adoption in these cases can result in no contact with biological siblings and extended family as the adoptive parents will have full legal rights. “Personally, I believe that adoption should be the last option and not easy to approve of. This view would not be shared by many of my former colleagues.” Reportedly, there are 2,000 children who have been in foster care for long periods, with little or no contact from their birth parents. Because of the Constitution’s protection of the marital family, they are not eligible for adoption as the threshold for adoption is so high. Government has prepared draft legislation – which will be enacted if the referendum is passed – ensuring that discrimination no longer exists regarding the marital status of the parents.  ”

Cherishing our children – a constitutional case

[Mayo News 10/30/12 ]

There was a government website for this referendum, but it was taken offline due to a Supreme Court ruling prior to the vote.

Children’s Referendum website now completely offline

[The Journal 11/9/12 ]

REFORM Puzzle Piece

Update: The referendum passed the Saturday vote 57.4 per cent to 42.6 per cent with a low turnout. “More than 3.1 million people were eligible to vote, but the low-key campaign failed to capture the public imagination. The turnout was just 33.5 per cent.”

“The proposed constitutional amendment looks at a number of areas of children’s rights including adoption, protection, State intervention in neglect cases and giving children a say in their own protection proceedings.”

 

“Asked about the Supreme Court decision last Thursday that found the Government’s information booklet and website “not fair, equal or impartial” or whether Attorney General Máire Whelan had advised against using some of the material, Ms Fitzgerald said it had been the Government’s intention “at all times” to comply with the McKenna judgment.

“All of the normal processes were followed by my own Department and by the Office of the Attorney General in relation to that.”

She said the issue of Saturday voting “needed to be examined.”

Minister for Justice Alan Shatter said the Supreme Court decision would be addressed when the detailed judgment is delivered on December 11th.”

“Three of the 43 constituencies in the State voted No: Donegal North East, Donegal South West and Dublin North West.”

Children’s referendum passed amid low turnout

[Irish Times 11/11/12]