Mags Gargan
The proposed wording for a change to Article 42 of the Constitution dealing with children's rights could lead Ireland towards a heatedly debated referendum as the State is given greater influence over family life.
In recommendations from the Joint Oireachtas Committee released on Tuesday, the current Article 42 entitled 'Education' would be deleted except for sections two, three and four, and replaced with a new article entitled 'Children', which recognises the rights of children as individuals.
Under the proposal, the State may supplement the place of parents by ''proportionate means'', where the parents ''of any child fail in their responsibility towards that child''. Provision may also be made for the adoption of any child, where the parents have failed in their responsibility or in ''the best interests of the child''.
Wording
The proposed wording of Article 42.3 would acknowledge parents as ''primary carers, educators and protectors of children's welfare'', and includes a guarantee to respect the right and responsibility of parents to provide ''according to their means''.
Under the proposed Article 42.7.2, the State shall not ''oblige parents in violation of their conscience'' to send children to schools established by the State or any particular type of school designated by the State, and under Article 42.8 the State shall provide for free primary education with due regard for ''the rights of parents, especially in the matter of religious and moral formation.''
Protection
Chairperson of the Committee, Mary O'Rourke TD, said: ''The Committee considers that the wording it has presented for a constitutional amendment will ensure that the rights of children are given the strongest protection in the Constitution, as well as advancing their best interests. Under the proposed amendment, any future cases affecting children would be determined within a judicial framework that expressly recognises the constitutional rights of all parties concerned.''
A constitutional referendum could take place ''at the back end of the year'', according to the Minister for Social and Family Affairs, Mary Hanafin.
