What's the Children's Rights Amendment?

You may have heard something about a proposed change to the Constitution concerning Children's Rights. A lot of people think the Constitution needs updating so children are better protected. Let's look at the issues involved.

Aren't my rights already protected by the Constitution?
Yes. But only very generally. Every citizen has rights under the Constitution. Some rights, under Article 40.3 are unenumerated. This means that they are not expressly written down in the Constitution, but you possess them all the same. These include the right to be fed, the right to shelter, etc.
Children's rights specifically are not listed in the Constitution. What the people who support changing the Constitution want for the government and the courts to promise that in decisions involving children, the best interests of those children will be the most important factor. Right now, under the Constitution, what the children's parents think is the most important factor. While this is important too, some people feel that children (especially vulnerable children, like those who are being abused) should have their voices heard the loudest.

What about what my parents think? 
What your parents think will still be very important. But the government and the courts will be able to balance your opinions and theirs, instead of just relying on what your parents think.

Here's a good example of why this is needed: There's a test that's done on newborn babies (called a PKU test) to test for a certain type of disease that can be very dangerous to children if it's not detected early. Doctors can find out if babies have this disease by taking blood from their heel with a small needle soon after they are born. A couple of years ago, the parents of a newborn baby boy (we'll call him Paul) said that it was against their religious beliefs to allow doctors to carry out this test on Paul. Paul's doctors took this case all the way to the Supreme Court (remember that's the highest court in Ireland!) The judges there said that even though Paul's parents were making a very unwise and unsafe decision (because Paul could get really sick) the court could not interfere with that decision.

If children had their own separate article in the Constitution, judges could make wiser and safer decisions for babies like Paul who are too young to have their own say.

Why would people oppose this?
Some people think that this kind of change in the Constitution would limit your parents' rights to make decisions for you. But what it would really do is allow the courts to consider your best interests aswell as what your parents think.


How can I help?
Tell everyone you know that the Government is planning a constitutional referendum to bring children's rights into the Constitution. Ask them to talk about it. Ask them to vote yes!