1. Irish law already adequately protects children.
a. Children rights currently exist under Article 40: 'All citizens shall, as human persons, be held equal before the law.'
b. Under the Lisbon Treaty, Ireland adheres to the Charter of Fundamental Rights of the European Union. This charter includes Article 24 – 'The Rights of the Child'.
i. 1. Children shall have the right to such protection and care as is necessary for their wellbeing. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
ii. 2. In all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration.
iii. 3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.
c. The HSE has overall responsibility for the assessment and management of child protection concerns.
d. An Garda Siochana has responsibility for the investigation of alleged offences, and also has power to intervene to protect children in emergencies and to remove a child to a place of safety.
2. The problems presented to us as reasons to vote 'Yes' are the result of bad practice on behalf of State services. Solutions for these pressing problems already exist. 3. This amendment is really about removing power from parents and giving it to the State.
a. The amendment states that in certain cases, 'the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents'.
b. This will give power to social workers to remove children immediately from their parents, on the basis of some 'subjective' future problem, where the 'safety or welfare of [a child] is likely to be prejudicially affected'.
c. The indefinite nature of such wording leaves it open to a variety of interpretations.
4. The State record is far from commendable and leaves much to be desired.
a. Since 2000, 509 children have gone missing from State care. 451 are still unaccounted for.
b. 23 children in State care or known to the child protection services died from March 2010 – June 2011 (this excludes deaths from natural causes). Causes of death were 9 by suicide, 4 by drug overdoses, 2 by homicide, 5 in road traffic incidents and 3 in other accidents.
5. Parents are better for children than the State.
Studies comparing children in non-parental care with children in parental care (e.g. living with their parents) show that children in parental care perform significantly better academically and socially and are less likely to be aggressive. Children in non-parental care have a greater risk of developing emotional and psychological problems and are more likely to go to prison than university.
