Children’s rights must be protected
Caoimhghin Ó Caolin says a yes vote will increase the obligation on the State and future governments to vindicate children’s rights (Irish Examiner, Nov 5). Article 42. of our constitution already does this and the proof is the High Court case taken by Cathy Sinnott to get an education for her son Jamie. who has a disability.
The obligation was on the State to vindicate Cathy’s sons rights, yet they were denying her that right, Why? Articles 42.5 placed the obligation on the State and Sinnott won her case. Why did the State deny Cathy this basic right for her son? And then fight against Cathy in court to deny her this right? That guarantee exists and the proposed changes will remove it through deleting the guarantee that protected the rights of Cathy’s son and other children with disabilities and replacing it with 42 A.-1. The State will, as far as is “practicable” by its laws, protect and vindicate children’s rights. What happens when it is no longer “practicable”? Article 42A-2.2 will allow the State to forcibly remove children from their families and place them for adoption, or permanent residential care when it’s no longer “practicable”. To protect children’s rights vote ‘no’.