It’s a great pleasure to welcome you all today to the annual joint conference of
the IHRC and the Law Society on a human rights theme. This is the fourth
such conference in what has been for the IHRC a most rewarding and
productive collaboration with the Society. This year’s topic is “Achieving
Rights Based Child Law”. Given the topic, the conference is being held this
year in association with the Ombudsman for Children, and we are delighted
that the Ombudsman, Emily Logan, will be chairing a session later this
morning on “Children’s Experience of Society and Legal Proceedings”.
Children have risen up the political agenda in recent years. Among other
developments, there has been the publication in 2000 of the National
Children’s Strategy, the establishment in 2001 of the National Children’s
Office, the passage in 2002 of the Ombudsman for Children Act and
subsequent appointment of the Ombudsman for Children, and the recent
appointment of a Minister for Children, Brian Lenihan T.D., with an attendant
Office which now incorporates the National Children’s Office and co-ordinates
the policy and activities of 3 Government Departments, the Department of
Education and Science, the Department of Social and Family Affairs, and the
Department of Health and Children, on matters relating to children.
In short, there have been many legislative and policy initiatives in the last
years to safeguard and promote the interests of children. However something
significant is lacking. It is the general absence of a rights perspective on
issues of legislation and policy.
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This was recognised in September of this year by the UN Committee on the
Rights of the Child which oversees Ireland’s performance in this area. While
welcoming the various measures taken by the State to improve the position of
children, the Committee expressed its regret that some of the concerns it had
previously voiced and recommendations it had made have not been fully
addressed, in particular those related to the status of the child as a rightsholder and the adoption of a child rights-based approach in policies and
practices.
As many of you will know, the IHRC was set up to promote and protect the
rights of persons as set out in the Constitution and in the international
agreements to which the State is a party and to this end a wide range of
functions has been conferred on it.
One of the Commission’s functions is to consult with international human
rights bodies. In furtherance of this function, earlier this year, the IHRC made
a written submission to the UN Committee on the Rights of the Child in
respect of Ireland’s second periodic report to the Committee under the UN
Convention on the Rights of the Child. In making its submission, the IHRC
was conscious of the fact that the promotion of the rights and welfare of
children falls primarily within the remit of the Ombudsman for Children, and its
submission was therefore designed to be complementary and supplementary
to the submission of the Ombudsman.
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Among the views expressed by the IHRC was that the Convention on the
Rights of the Child should be incorporated into Irish Law and the rights
contained in the Convention thereby become enforceable in the Irish courts.
This is a point frequently made by the IHRC in relation to those international
human rights agreements to which Ireland is a party. After all, if the State has
undertaken an international obligation to ensure the rights of persons,
including children, why is it often so reluctant to make these rights enforceable
in Irish law?
The IHRC also supported the recommendation of the Ombudsman for
Children that there should be express recognition in the Constitution of the
principle of the best interests of the child. What the Convention on the Rights
of the Child specifically provides in this respect is that in all actions concerning
children, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities or legislative bodies, the best interests
of the child shall be a primary consideration. Among other issues raised by
the IHRC were a number relating to vulnerable categories of children such as
Traveller children and children with disabilities as well as the trafficking of
children and the control of education by religious institutions.
Happily, in its concluding observations on Ireland’s second periodic report
adopted on 29 September last, the UN Committee picked up on all these
points, thereby adding its weight to the voices calling for legal reform in these
areas. Specifically it:
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
expressed regret that the Convention had not been incorporated
into domestic law and encouraged the State to take further
action on this matter; and

recommended that the State ensure that (i) the general principle
of the best interests of the child is a primary consideration
without any distinction and is fully integrated into all legislation
relevant to children, and (ii) the principle is also applied in all
political, judicial and administrative decisions, as well as
projects, programmes and services that have an impact on
children.
With particular reference to equality and vulnerable children, the Committee
remained concerned that adequate recognition, action and positive measures
have not yet been taken to enhance the enjoyment of the rights of children
belonging to the Traveller community, and in particular to facilitate their
access to education, housing and health services. It also encouraged the
State to promote the establishment of non-denominational or multidenominational schools and to amend the existing legislative framework to
eliminate discrimination in school admissions. Furthermore, it recommended
that the State adopt an inclusive and rights-based legal framework that
addresses the specific needs of children with disabilities and requested that
that State provide in its next report further information on the trafficking of
children.
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Some of these issues will be aired at today’s conference. Although the focus
of the conference is on children’s rights, one should not lose sight of the fact
that the care and protection of children does not occur in a vacuum and that
account has often to be taken of the rights of others in this field, most
particularly of the child’s mother and father, legal guardians and other
individuals who are responsible for the child. The appropriate balancing of
rights is often a delicate and controversial matter but, in any balancing of
rights, the best interests of the child should always be a primary
consideration.
Finally, I would like to convey the apologies of the President of the IHRC, Dr.
Manning, that he cannot be present today owing to other commitments and
am most pleased to give the floor to Philip Joyce, Vice President of the Law
Society which is co-hosting the conference.
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