Article 42 A: Rights Of A Child In The Irish Constitution

1501 words - 6 pages

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 al., 2013, p 28-33). It deals with the education and sees that the family is the main educator of the child. It also implies that the State shall attempt to provide the place of parents in extraordinary cases where the parents of the child fail in their physical and moral duty towards them. (The Case for Constitutional Change, 2007).
Nevertheless, there is an absence of child-specific rights within the constitution to tackle children’s needs that are set apart from the needs of adults. These are human rights for all children and young individuals under 18 years of age. They take into consideration the venerable position of children, in that they are mainly reliant on adults for their care are frequently powerless to defend their own rights.
The children’s referendum has the potential to be a turning point after the history of abuse known to numerous children in Ireland. Keeping children safe is best attained by developing a civilisation that completely respects children and forms their capability to defend themselves. A Society that respects children is one which pays attention to children, and values early involvement by dynamically supporting families.
The Children’s Referendum inserted a new article into the...

Find Another Essay On Article 42A: Rights of a Child in the Irish Constitution

Convention on the Rights of the Child

2446 words - 10 pages recognition of the human rights of all children and it had a significant contribution to incorporate prohibition of child trafficking in the 1995 of the Federal Democratic Republic of Ethiopia Constitution as provides Article 18. The underlying implication of the ratification of this Convention can be explained in terms of domesticating the Convention as an integral part of the law of the land, according to Article 9 Sub-article 4 and Article 13

Rights and Freedom Safeguarded in the American Constitution

951 words - 4 pages rights guaranteed to American citizens, and the guaranteed freedom that is most relevant to me personally. However, the first ten amendments, the Bill of Rights, were adopted in the United States Constitution in 1791 after the states ratified and approved them. The First amendment guaranteed freedom of religion. A person has the freedom to practice whatever religion they prefer and if they prefer not, is their choice. Congress cannot support one

The Constitution of a State

2582 words - 10 pages define how the constitution itself can be amended. It will establish the rights of the citizens whilst defining the nature of citizenship Differences between the Unitary (excluding recent devolution) Constitution of the UK and the Federal Constitution of the US are clear. Laws in the US have to be written from the main constitution. It can be hard to change law in the US because of ‘entrenchment’. A written

The Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitution

3695 words - 15 pages characteristics are of most interest to the HRA, especially Section 6. It introduces obligations for public bodies that were not previously evident in common law or statute. As such this raises issue with the continuity or stability of law. Also of relevance are Dicey’s views on the status of common law within the rule of law. He felt there was no need a Bill of Rights, because the general principle of the constitution

How is Child Marriage in India Violating the Convention of Children Rights?

1962 words - 8 pages Child marriage in developing countries is violating the Convention of Children Rights. This legislation was set out to protect every child. Child marriage refers to a marriage or union whereby one or both of the partakers are under the age of eighteen (UNICEF, 2001). This essay is focusing on the question of what rights are being violated through child marriage and what are the reasons behind its violation. Poverty, low eduction levels and

A history of Bobby Sand's and the Irish Hunger Strikes in the late 1900s.

2347 words - 9 pages free republic.The Provisional Irish Republic Associate (IRA) was a group established to attempt to overthrow British rule in Northern Ireland, in the form of armed campaigns, to unify Ireland. One of the many consequences of this type of struggle is the majority victims are civilians. On “Bloody Sunday,” 30 January 1972, thirteen Catholics were shot dead in Derry by soldiers from the British Army's 1st Parachute Regiment. The events from

Article Review of The role of custom and traditional leaders under the Yap constitution

1443 words - 6 pages In the article, “The role of custom and traditional leaders under the Yap constitution”, Brian Tamaha explains the various traditions as well as the Yap legal system. The constitution of Yap consists of a common legislature—executive and judiciary—with a fourth branch dedicated solely for traditional leaders. Traditions and customs create rules and the methods they are abided by. According to Hart, every legal system has a set of rules directing

This essay is about Article II of the United States Constitution.

907 words - 4 pages specifically with one of these branches: the executive branch.In the United States, the powers in the executive branch are given to a President. The President is elected for terms of four years. The same goes for his second-in-commmand, the Vice President. In Section 1 of Article II, the specific process for how the President and Vice President are elected is clearly laid out. First of all, each state appoints a number of Electors to the Electoral College

Changes in the Texas Constitution of 1876

650 words - 3 pages States constitution. It also covered religious rights and protections of people including their rights to bear arms. The constitutional effect on Texas government changed entirely especially education. The article about education required the legislature to establish and maintain an efficient system of public schools. In order to maintain this program the article authorized the legislature to put a poll tax on the male population between the ages


4043 words - 16 pages of the 1995 Uganda constitution commits Ugandans to: "Building a better future by establishing a social economic and political order through a popular and durable national constitution based on the principles of unity, peace, equality freedom, social justice and progress"The first paragraph of the Universal Declaration of Human Rights in the preamble spells out a direct relationship with article 20 of Uganda's 1995 constitution. Both show that

A Brief History of the Irish Republican Army.

1343 words - 5 pages In 1916, an unofficial military force was established, aimed at gaining independence, and unity, among all thirty-two counties on the island of Ireland. This organization was called the Irish Republican Army. Their belief was that Britain had stolen both their land and their rights. The IRA took it upon themselves as both their right, and their duty to fight for their independence. The IRA has used violence, political reform, and treaties to

Similar Essays

Constitution And The Article Of Confederation

998 words - 4 pages western territories. With the consent of nine of the thirteen states, Congress could also coin, borrow, or appropriate money as well as declare war and enter into treaties and alliances with foreign nations” (). A problem arose early in the first years of the Articles of Confederation. This problem was one of the main downfalls of the Articles, and one of the main reasons why the Constitution was born. This dilemma was that there were many

Article 9. Of Japan Constitution Essay

1627 words - 7 pages The Article 9. says:"Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes."The aim of this report is to analyze the Japanese nowadays situation and then to decide what should Japanese government, Japanese people do with article number 9. which is included in current Japanese

Child Labor A Violation Of Human Rights

847 words - 3 pages the power-driven machines did not require adult strength, and children could be hired more cheaply than adults. By the mid-1800's, child labour was a major issue.Children had always worked, especially in agriculture. However, factory work was difficult. A child with a factory job might work 12 to 18 hours a day, six days a week. The payments were extremely unreasonable, and it did not help them much. Many children began working before the age of 7

Child Labor: A Violation Of Human Rights

847 words - 3 pages the power-driven machines did not require adult strength, and children could be hired more cheaply than adults. By the mid-1800's, child labour was a major issue.Children had always worked, especially in agriculture. However, factory work was difficult. A child with a factory job might work 12 to 18 hours a day, six days a week. The payments were extremely unreasonable, and it did not help them much. Many children began working before the age of 7