The latest call for the explicit recognition of children's rights in the Constitution comes via a report by Dr Ursula Kilkelly, a legal academic from University College, Cork. Dr Kilkelly argues that children are “invisible” in the current legal system.
No doubt the timing is no accident. The Dáil is just returning from its summer recess, and the children's rights lobby are keen that the Government keep its pledge to amend the Constitution to include a children's rights provision.
Difficulties remain, however, with a possible children’s rights referendum depending on how it is worded. The most succinct of these was voiced by Supreme Court judge Adrian Hardiman. In short, Justice Hardiman said that the Constitution already protected children's rights. He said that, since children cannot exercise their rights due to lack of competence, the Constitution preferred that parents exercise those rights, rather than third parties, such as the State, except in exceptional circumstances.
That objection stands, and the children's rights lobby have not seriously engaged with it. It is all very well to speak of children's “rights”, but those who argue for them have advanced no cogent reasons as to why the State, or any other agency, is better placed to vindicate those rights than the natural parents except, as mentioned, in exceptional circumstances.
The report goes on to suggest that consideration should be given to creating a legal duty to incorporate children's views into decisions that affect them. Would this include divorce, for example? After all, there surely are few decisions which affect a child more than a decision by its parents to split.
The Barnardos’ website has a section on the impact of divorce on children. Under two years, we are told. “the child might temporarily become clingy, subdued, withdrawn, stubborn, and may try to search for the absent parent”. >From two to five, children “do not have a fully developed sense of time. Therefore, they may constantly ask the same question (when will Daddy be home? Where is Mummy?) repeatedly”.
Many children’s rights advocates ignore or downplay the effects of divorce on children, and ignore or downplay the beneficial effects of marriage on children. Given the overwhelming evidence which shows that children's welfare is bound to a large extent to the decision of their parents to marry and remain married, this seems a curious attitude. Even Unicef, the UN body dedicated to child welfare, now accepts that marriage and children's well-being are linked.
Dr Kilkelly argues that Ireland needs to implement the UN Convention on the Rights of the Child. However, a more expansive view of child welfare must give a central place to marriage because marriage is so pro-child. In short, the children’s rights movement must begin to take marriage seriously and to promote it for the sake of children.
30/08/07
Older divorces, an Irish problem needing an overseas solution? (Tom O'Gorman)
Today's story showing that divorce in Ireland seems to be a middle-aged phenomenon shouldn't come as too much of a surprise for regular visitors to this website. A quick look at the Census figures on marriage in Ireland (which we have been highlighting for a few months now) shows that people in their 40s and 50s are most likely to experience marital breakdown.
24/08/07
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