Article 42A is a new section that was put into the Constitution in Ireland and regards the rights of the child. This essay will outline and discuss Article 42A of the Constitution, including an assessment of its potential to improve the lives of children in Ireland.
Before Article 42A was passed, children did have some rights under the Constitution, they were given some of the rights as other people living in Ireland, for instance the right to obtain residency (Articles 2 and 9) and in suitable situations, they are entitled to the Fundamental Rights set out in Articles 40 and 44 as well as some rights that are not recorded in the Constitution but they have been read into it by the Courts. As Well as these rights, there are two constitutional rights explicitly associated to children: the right to free primary education (Article 42.4) and the ability of the State to intervene when parents fail their child (Article 42.5)(Children’s Rights, 2012).
Article 41 of the Constitution identifies the rights of the family (based on marriage) (Cronin and Duggan et al., 2013, p 28-33) and identifies the state as the primary unit in society. The State promises to protect the family and guard the establishment of marriage, on which the family is established. According to the Supreme Court Article 41, which states the rights of the family, sees the family only based on marriage and therefore only the marital family is thus entitled to the protection and guarantee of Articles 41 and 42 (The Case for Constitutional Change, 2007). Article 42 declares that parents have an “inalienable right and duty … to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children”(Cronin and Duggan et ...
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Cronin, H., Duggan, E., O'tuathaigh, C. and Doran, K. (2013) Attitudes of General Practitioners to Prescribing Contraception to Minors - A Medico-Legal Review. Medico-Legal Journal of Ireland [online], 19 pp. 28-33. Available at: http://login.westlaw.ie.ezproxy.wit.ie:2048/maf/wlie/app/document?&srguid=ia744cc64000001450ea3b61054c0346f&docguid=I0C630E0741C1444E8B5A4451F62D10C7&hitguid=I0C630E0741C1444E8B5A4451F62D10C7&rank=2&spos=2&epos=2&td=7&crumb-action=append&context=9&resolvein=true [Accessed: 29 Mar 2014].
The Case for Constitutional Change. 2007. [e-book] Dublin: Barnardos. Available through: Google https://www.barnardos.ie/assets/files/pdf/advo_caseforconstitutionalchange.pdf [Accessed: 29 Mar 2014].
Gay marriage further damages the connection between marriage and parenthood by causing people to not consider marriagement just to be a parent. He later on argues that marriage has been a tradition since the beginning of time and everything supports it. “The family, led by a married mother and father, is the best available structure for both child rearing and cultural health. This is why, although some people will always pair off in unorthodox ways, society as a whole must never legitimize any form of marriage other than that of one man and one woman, united with the intention of permanency and the nurturing of children” (Colson
Wilson, K. and Adrian J. L. (2007) The Child Protection Handbook: The Practitioner's Guide to Safeguarding Children. Edinburgh: Bailliere Tindall
The constitution of the UK is very unique compared to the constitutions in other European countries. In this essay, I will talk about the features of the UK constitution, the sources of the constitution and the principles, which guide it. This essay will also include key points about the uncodified nature of the constitution, and the advantages and disadvantages that come along with it. A topic of discussion has been whether or not the uncodified nature of the constitution of the UK should remain the same, or if, it should be codified. I will further discuss these ideas in this essay and highlight the pros and cons from both sides – codified and uncodified.
Swan, Rita. 2010. “Equal rights for children under the law” Children’s Healthcare Is a Legal Duty, Inc
This essay will first address the statute used and interpretation of the threshold test by the courts, and then focus on cases involving vulnerable children to assess whether the statute in The Children Act 1989 is sufficient in protecting these children from harm. I will look at the argument in favour of the current approach taken by the courts, and the counter-argument in favour of changing the current approach. The arguments are delicately balanced and the law is always developing, so it will be interesting to see how the Supreme Court resolves this issue in future.
Under the UNCRC article 31 which is Leisure, play and culture; the Children have the right to relax and play. They also have the right to join in a range of cultural, artistic and other recreational activities. Children who do not have the access to play at home
Department of Children and Youth Affairs. (1999). Children First-National Guidelines for the Protection and Welfare of Children. Available:http://www.dcya.gov.ie/documents/publications/Children_First_A4.pdf. Last accessed 23/01/14.
Herring characterises the present law of the welfare principle is individualistic . A ceaseless debate has begun between several writers about the potential conflict between the welfare principle and the ECHR. Article 8 provides that there should be respect for everybody’s right to private and family life. This right is subject to certain restrictions as specified in article 8(2). The European Court on Human Rights (ECtHR) has been referred children’s rights. In Johansen v Norway it considere...
Wells, Karen C.. "rescuing children and children's rights." Childhood in a global perspective. Cambridge, UK: Polity Press, 2009. 168-169. Print.
Howe, R.B. & Covell, K. (2007). Children's Rights in Canada. A Question of Commitment. Waterloo, Ontario. Wilfrid Laurier University Press.
The Amendment Act has followed the research and recommendations that were provided by the Australian Law Reform Commission in 2010. There has been a large move away from providing parents with more rights in terms of parenting orders and access to their children, and has emphasised that there are a large amount of risks when going through these processes. The Amendment Act has provided women and children with more protection from violence and abuse, by assessing potential risks in a larger context and by expanding definitions to include different categories that are considered acceptable within modern society.
United Nations (1989). Convention on the Rights of the Child.[online] Available at: [Accessed 1 April 2014].
About 25 years ago, UNICEF enacted the Convention of the Rights of the Child. This document lists 54 articles concerning every single right every single child should have regardless of race, sex, location, religion, etc.. This document also contains three optional protocols directed
While an uncodified constitution has the advantages of dynamic, adaptability and flexibility to meet the ever-changing needs of the society , it poses much difficulty in pinpointing the ultimate constitutional principle that should provide legitimacy in the British constitution. This results in a battle between two broad schools of thought––political constitutionalism and legal constitutionalism.
There are some questions a patient 's doctor must be a secret, you can not tell a third party about the problem. Another example, if a teenager says to a doctor, "I am depressed, I have been trying to kill myself" ( "Youth confidential: a young person 's right to privacy"). Doctors are not sure of information, because the doctor is this guy right help. Teen confidentiality concerns may be an important barrier to access to health services. Adolescents have the right to contraception confidentiality when it comes to contraception.