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Protecting the Rights of the Non-Offending Child in Ireland: Balancing State Rights with State Obligations
Published in:
International Journal of Children's Rights, Vol: 12, Page: 379-400,Martinus Nijhoff
Publication Date:
2004
Aims & Objectives:
This article discusses the protection accorded to the rights of those Irish children who have been identified by the Irish Courts as being children who may for a multitude of reasons be regarded as being children at risk
Abstract:
This paper analyzes the protection accorded to the rights of those Irish children who have been identified by the Irish Courts as being children who may for a multitude of reasons be regarded as being children at risk. In such circumstances, these children become subject to State intervention where the State acts in parens patriae. The authority of the State to adopt this role is both constitutionally and legislatively mandated. The author notes that the failure of the State to secure the rights of a portion of its citizens who are in need of special care has placed the Irish State in violation of both its obligations under domestic and international law, violations that have been recorded not only by the domestic courts but also at the international level. This paper seeks to highlight the extent to which the Irish State is in violation of its national and international obligations to the rights of its child citizens. To that end, Part two of this paper outlines the protection afforded to the at-risk child by the Irish Constitution and legislative framework. Part three considers the manner in which the Irish Courts have interpreted such protection. Part four outlines the standards of protection to be afforded to children at risk by international human rights law.
Authors:
Claire Breen
Study Type:
Non Study Papers » Discussion paper, review, commentary, letter »
Notes:
Article 09275568 Accession Number: 16696503; Breen, Claire 1; Affiliations: 1: University of Waikato, Hamilton, New Zealand Source Info: Oct2004, Vol. 12 Issue 4, p379; Thesaurus Term: CHILDREN'S rights; Thesaurus Term: CHILD welfare; Thesaurus Term: INTERNATIONAL law; Thesaurus Term: HUMAN rights; Thesaurus Term: COURTS; Subject Term: INTERNATIONAL obligations; Subject Term: IRELAND; Number of Pages: 22p. Document Type: Article
Keywords:
Geography:
Republic of Ireland (Republic of Ireland)