Irish Public to vote on Children’s Referendum | Lorna Gardiner
The Irish People have been called to vote on 10th November, 2012 on The Children’s Referendum.As well as this referendum being the first in the Irish state’s history to be held on a Saturday, it also proves to be unique as it will finally address an evident absence within our Constitution, regarding a specific statement or place for the rights of children. In particular, passing of the referendum aims to give firmer recognition to children and their rights within our Constitution and will also affirm the State’s responsibility and obligation in this matter.As part of the Government’s ‘Programme for Change for Children,’ the Children’s Referendum aims to enshrine new laws on the reporting of child abuse and safer practises for organisations where children are cared for. A reformation of the country’s child protection services will also occur that will transfer them from the Health Service Executive’s responsibility to a newly established Child and Family Support Agency. After seventeen reports on child protection failings in Ireland since 1970 being published, it has been argued that some form of action to prevent further failing is needed.Furthermore, changes to current adoption legislation will also be facilitated through the referendum. The current standing of the Irish Constitution on this area is currently quite opaque and unclear, particularly concerning whether or not a child’s parents are married and adoption legislation dealing with children in long term care. Concerning the former, the current standing of the Constitution means that children of unmarried parents, if not cared for properly can be voluntarily placed for adoption, while those of married parents cannot.The Children’s Referendum seeks to provide a change to the Constitution that will eliminate this difference by providing that ‘Provision shall be made by law for the voluntary placement for adoption and the adoption of any child.’ The latter will deal with the current situation that a child living in long term care, abandoned by his or her parent(s) cannot be adopted unless it is proven that the parents involved have failed in their duty of care. Such a situation can be very difficult to prove and satisfy in the eyes of the law. Therefore, if the referendum is passed, the Government proposes to legally provide that after a defined period of time (provisionally three years), of a failure of care to a child by the parents in question, a child could be considered for adoption, as long as it was in the best interests of the child concerned and based on the High Court’s decision.Speaking at the launch of the Yes to Children campaign, Former Supreme Court Justice, Catherine McGuinness, said: "The case for constitutional change is undeniable, and so we must take bold and decisive action. I believe that this referendum is an historic opportunity to ensure this generation, and future generations, of children are better protected, respected and heard.For the first time since the Good Friday Agreement, all of the major political parties, (as well as the non-governmental organisations such as the ISPCC and Barnardos) are canvassing for a ‘Yes’ vote. Ashley Balbirnie, Chief Executive of the ISPCC, has stated: "We believe that, by our organisations working together, we are sending a strong message as to our commitment and belief in the need for change."So far, five groups opposed to the referendum have been classified as ‘approved bodies’ by the Referendum Commission. These include Mothers Alliance Ireland and Christian Democrat, who believe that passing the referendum will detrimentally shift care of a child from the parent to the state.Regardless of supporting or opposing the proposals being brought forward by the upcoming referendum, the position and safety of children should be greatly considered by means of voting on Saturday, 10th November.