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Child Protection

A children's referendum is needed to change the Irish Constitution to allow for laws that will put children and their interests first. This is necessary to help protect children from sexual exploitation and to ensure that where a child's family has failed them any decisions about their care considers the children first. Since the Statutory Rape Crisis in May 2006, the RCNI have been actively campaigning for a children's referendum. Press Releases on this issue may be found here.

This page contains information on:

Ongoing Campaign for Child Protection

•  Joint Committee on the Constitutional Referendum on Children (22 Nov. 2007 - Feb. 2010)

     

    Joint Committee on the Constitutional Referendum on Children

    • Second Interim Report - May 2009 (child protection and the criminal law)
      
    Submissions to Committee:
    • RCNI Oral Presentation to Joint Committee - 1 October 2008
      
    Terms of Reference:

    Dáil Éireann on 22 November 2007 ordered:
    “(1) That a Select Committee consisting of thirteen members of Dail Éireann be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on the Constitutional Amendment on Children to:

    (a) examine the Twenty-Eighth Amendment of the Constitution Bill 2007; and
     
    (b) consider the text set out in the Schedule to that Bill with regard to the following:–
    (i) the acknowledgement and affirmation of the natural and imprescriptible rights of all children; 
     
    (ii) the restatement and extension of the existing provision in relation to children and parents contained in Article 42.5 of the Constitution to include all children;
     
    (iii) the provision of legal authority for the adoption of children who have been in care for a substantial period of time if it is in the best interests of those children;
     
    (iv) the provision of legal authority so that all children may be eligible for voluntary adoption;
     
    (v) the provision of legal authority so that the courts shall be enabled to secure the best interests of a child in any court proceedings relating to adoption, guardianship, custody or access of that child and to ensure that such interests are taken into account in all other court proceedings in relation to that child;
     
    (vi) the provision of legal authority for the collection and exchange of information relating to the risk or actual occurrence of child sexual abuse;
     
    (vii) that no provision in the Constitution should invalidate any law providing for absolute or strict liability in respect of sexual offences against or in connection with children;
    (c) make such recommendations, including recommendations in relation to amendments to the text in Schedule 1 of the Bill, as shall to the Committee seem appropriate.

    (2) The Committee shall report back to each House with recommendations in a final report four months from the date of establishment.

    (3) The Minister for Justice, Equality and Law Reform and the Minister of State at the Departments of Health and Children, Education and Science and Justice, Equality and Law Reform, with special responsibility for Children, shall be ex officio members of the Committee and shall be entitled to vote.

    (4) The quorum of the Joint Committee shall be four, of whom at least one shall be a Member of Dáil Éireann and one a Member of Seanad Éireann.

    (5) The Joint Committee shall have the powers defined in Standing Orders 83(1) to (8) inclusive and 93(2).

    (6) The Chairperson of the Joint Committee shall be a Member of Dáil Éireann.”
     
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    Age of Consent Debate


    RCNI responses:

    RCNI working papers on the age of consent     
     
    RCNI Press releases on the Age of Consent debate may be found here.

     

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    Joint Committee on Child Protection

     
    The Joint Committee on Child Protection Report on Child Protection - November 2006
     
     
    RCNI Submissions to Committee:
     
    Terms of Reference:
    • Review the substantive criminal law relating to sexual offences against children;
       
    • Examine the issues surrounding the age of consent in relation to sexual offences;
       
    • Examine criminal justice procedures relating to the evidence of children in abuse cases
       
    • Consider the implications arising from and the consequences of the Supreme Court decision of the 23rd May, 2006, in the ‘C.C.’ case;
       
    • Examine the desirability or otherwise of amending the Constitution to deal with the outcome of the ‘C.C.’ case and/or to provide for a general right of protection for children;
       
    • Make such other recommendations on the protection of children as shall to the committee seem appropriate.


    RCNI Press releases on the Child Protection Referendum debate may be found here.      

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    Statutory Rape Crisis -White Flower Campaign, May 2006 

     
    The White Flower Rally:
     
    The White Flower Rally march was the idea of mother Monica Rowe, 45, from Cabinteely, who has a 13-year-old-son.
     
    People from all over the country joined her on that Friday. She says: “This Government thinks it can do anything it wants and get away with it - and to be honest so far we’ve let them now it’s time to do something - I’m angry, I’m mad with anger and judging by the reaction I’ve had so far - so is the rest of country!

    “So don’t sit on your arse this time, think of that 12-year-old child who was raped, think of anyone who has ever been a victim of sexual abuse - because this is an insult to them all. The message it gives out to all victims is not to bother reporting the crime, and that is wrong, we should be helping survivors of child abuse to come forward, not scaring them off!

    “I am standing up for what I believe in, we are the protectors of our children in this society and if we don’t stand up for them now the moral fabric of our society will be damaged forever. I have a vote, and on that Friday I asked the Government to listen to this voter, if they didn't I know what I’ll be doing with my vote.

    “So thank you for having joined, I did not organise the march I just wanted as many people as possible to turn up." 
     
     
    Statement of Support:

    Over a thousand people protested outside the Dáil earlier this month in order to give one clear message – they have seen victims of sexual abuse betrayed and they do not accept it.

    We wish to add our voice to express our support for victims of sexual violence.

    In particular, we see the betrayal of the 16 year old, who was the victim of Mr A. Her childhood was taken from her when she was 12, and now at 16 she has been betrayed again. We apologise to you for this betrayal, because we don’t think anybody else is going to make that apology.

    We send our support to you, and your family.

    The exposure of the low priority of sexual abuse means that from here on, it must become and stay a priority.
    Legislation will not fix the problems and gaps which exist across the board with regards to sexual violence.

    Knee-jerk and quick fix reactions will not address the justice and support needs of the victims, and the families of victims. This is undoubtedly an election issue –and there is an election coming up. We will be looking at every political manifesto and every Programme for Government to examine the different measures nominated for addressing sexual violence, in terms of child protection, justice for victims, adequate supports services for victims and their families. Many of these measures must be backed up with ring fenced and adequate resources, in a sector that is historically and currently resource starved.

    Fiona Neary, Rape Crisis Network Ireland
    Catherine Lawlor, Montessori Association
    Eric Conroy, Irish National Organisation of the Unemployed, www.inou.ie
    Chris A. Murphy, Director, DAP Crosscare,     www.dap.ie 
     
     
    ISPCC:

    The ISPCC has opened a petition on http://www.ispcc.ie/ as part of the "How Can We Be Sure They're Safe" 2006 campaign to lobby the govenment for change to child protection legislation. We will be present outside our Dublin office from today with petition books. Our offices are at 20 Molesworth Street, which is also beside the Dáil.
    We will also be at various street locations around the country with petition books over the coming weeks.
     
     
    Further rallies taking place around the country:

    City Hall (outside), Limerick City, 3pm Friday 2nd June 2006
    Market Square, Castlebar, Co Mayo, 1pm Friday 2nd June 2006
    The Square, Tralee 1pm Friday 2nd June 2006
    Market Cross, Killarney, 1pm Friday 2nd June 2006
    Town Hall, Kilkenny, 1pm Friday 2nd June 2006 (bring white flower)
    John Roberts Square, Waterford, 1pm (people are invited to bring white flowers)
    Court House, (outside), Galway City, 1pm (people are invited to bring white flowers)
    Court House, Dundalk, 1pm (please bring white flower)
    If you cannot make any of these locations we suggest you bring white flowers to your town's central court house or church 

     
    Ladies Mini Marathon - Monday 5 June 2006 Dublin City:

    The RCNI are calling on people to wear a White Armband or White Flower in support of victims/survivors of rape and sexual abuse in these difficult days and into the future. There is also a request going out for people to carry a white flower and leave it by the Dáil on their way past. 
     
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