UCD debate on children's rights referendum brings out some useful points (Tom O'Gorman)
Last night's debate in UCD on the Government's proposed referendum on children's rights saw some useful interventions, the most significant of which can be found on the news section of this site. The contributions of Professor Gerry Whyte and Justice Adrian Hardiman were especially illuminating.
Justice Hardiman downplayed the need for such a proposal, by insisting that the Constitution already protects children's rights. Professor Whyte critiqued each section of the proposal, especially section 2.2, and found them all deficient to some extent.
The most impressive performer to speak in favour of the referendum was the man who drafted the proposal, Minister for Children Brian Lenihan. He almost managed the unique feat of making the referendum seem more like a simple restatement of the Constitutional status quo as regards the family.
However, he failed to address concerns about section 2.2 of the proposed amendment. This section would permit children who are in foster care to be adopted by their foster parents without the explicit consent of the natural parents. It reads: “Provision may be made by law for the adoption of a 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.” Both Professor Whyte and Professor William Binchy of Trinity College Dublin have expressed serious concerns about how this provision would operate in practice.
According to Minister Lenihan, this section would only operate where the natural parents had failed in their duty “for a considerable period of time” and where the child had bonded with the foster parents.
The problem is that the actual wording contains neither of these provisos. It leaves it up to the Oireachtas to specify the exact circumstances in which the courts can intervene in this way.
However, the two other speakers who spoke in favour of the referendum were far less impressive. Aoife Daly, of the Irish Centre for Human Rights, merely said that Ireland needed to recognise children as the holders of legal rights because international law said so, and because our economic status meant that we should be trail blazers in the sphere of children's rights. She didn't address any of the substantive objections to the proposal.
Fergus Finlay, Chief Executive of children's charity Barnardos was also present. His contribution was to recall the legislative and social triumphs of the liberal agenda. Amazingly, he claimed that, contrary to the predictions of anti-divorce campaigners, the rate of marital breakdown had not increased significantly. He said that the latest Census figures did not show a marked increase in the amount of divorce.
Yet the number of divorced people has increased by 70 per cent in the last four years. If this isn't a huge increase in the divorce figure, I don't know what is. What kind of increase in the figures would Mr Finlay consider as proving the point that marital breakdown has increased dramatically, one wonders?
The only substantive argument he mustered in favour of the amendment was to argue that children's rights were not adequately protected under the law as it stood. To illustrate his point, he gave the example of one three year old child of whom he was aware. The only solid food this child had ever had was bags of crisps. Undoubtedly, this is a disastrous state of affairs for that child. But it begged the question; exactly how is a children's rights amendment supposed to change that situation effectively?
The overriding impression generated by the event was the feeling that a lot of work remains to be done if the Government wishes to carry this proposal.
04/04/07
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