The Children’s Referendum is only a matter of days away and if opinion polls are to be believed, it is likely to pass.
The debate has weighed heavily on the side of the ‘Yes’ campaign with all major political parties looking for a ‘Yes’ vote. But just what exactly will a ‘Yes’ vote mean for the children of Ireland?
The referendum commission have summarised the four main elements of what is being proposed;
1. Explicit obligation to protect and vindicate the rights of children.
If it is approved the Constitution will explicitly recognise that children have rights, and that the State is obliged as far as practicable by its laws to protect and vindicate those rights.
2. State intervention if parents fail in their duty.
It would make some changes to the existing constitutional provision in relation to State intervention in exceptional cases where parents fail in their duty to a child.
At the moment the Constitution provides that the State, with due regard for the rights of the child, may intervene and try to supply the place of parents in those exceptional cases where the parents have failed in their duty towards the child.
The proposed amendment would continue to apply these conditions for State intervention, and it would add that this may happen whether or not the parents are married and where the parents’ failure is likely to put the safety and welfare of the child at risk.
The proposed new article provides that the State’s intervention must use proportionate means which must be set out in law.
3. Adoption
The proposed amendment would mean that the state must legislate to permit adoption including by voluntary placement of any child, whether or not the parents are married.
Also, it would require the law to allow adoption of any child where the parents have failed, for a time to be specified in law, in their duty towards the child, and where adoption is in the best interests of the child.
4. Best interests and views of the child
The final element would oblige the State to pass laws requiring the courts to consider the best interests of the child as paramount, when making decisions in certain proceedings relating to a child’s safety or welfare, adoption, guardianship, custody of, or access to a child.
It would also mean the State must pass laws requiring the courts where practicable to ascertain and take into account the views of a child having regard to his or her age and maturity prior to taking such decisions.
If passed the referendum will amend the Constitution of Ireland by repealing Article 42.5 and inserting a new Article 42A.
The voting will take place this Saturday 10th November with polling stations open from 9am to 10pm. To find out more about the referendum and what your vote will mean, head to the referendum commission website.
