Irish Law Updates

Wednesday, February 28, 2007

Proposed Referendum Regarding Children

The wording of the proposed constitutional amendment regarding children is available at
http://www.dohc.ie/press/releases/2007/20070219.html

The proposed Article 42(A) would say:

  1. The State acknowledges and affirms the natural and imprescriptible rights of all children.
  2. 1. In exceptional cases, where the parents of any child for physical or moral reasons fail in their duty towards such child, the State as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
    2. 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.
  3. Provision may be made by law for the voluntary placement for adoption and the adoption of any child.
  4. Provision may be made by law that in proceedings before any court concerning the adoption, guardianship or custody of, or access to, any child, the court shall endeavour to secure the best interests of the child.
  5. 1. Provision may be made by law for the collection and exchange of information relating to the endangerment, sexual exploitation or sexual abuse, or risk thereof, of children, or other persons of such a class or classes as may be prescribed by law.
    2. No provision in this Constitution invalidates any law providing for offences of absolute or strict liability committed against or in connection with a child under 18 years of age.
    3. The provisions of this section of this Article do not, in any way, limit the powers of the Oireachtas to provide by law for other offences of absolute or strict liability.
For some discussion of the proposed amendment see the archives of the Irish Law Discussion group at
https://listserv.heanet.ie/cgi-bin/wa?A1=ind0702&L=irishlaw

See also the usual media sites such as www.rte.ie/news/

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