ABSTRACT
Most jurisdictions now have laws, statutes or codes in place aimed at protecting children and identifying those children at risk. In Ireland, in the first instance, there are Constitutional protections for the family and of the privacy of citizens. Therefore, any decision made that takes a child away from the family setting, can be legally fraught in addition to the emotional upheaval that such a decision will cause. Furthermore, a Constitutional Referendum was held in November 2012, to amend a section in the Constitution that concerned children’s rights. The amendment was approved by voters and included a section where
“the views of the child shall be ascertained” where the State takes an action on the child’s behalf. However, the Referendum was subjected to a Supreme Court challenge and judgement is still pending on the issue. Also in Ireland, the Child Protection Guidelines from the Department of Children and Youth Affairs were issued in July 2011. These guidelines, entitled Children First: National Guidance for the Protection and Welfare of Children promote the safety and well-being of children. Currently, there is a Bill under discussion to put these guidelines on a statutory basis, although it may take some time before they are enacted (if ever). Finally, there is primary legislation that deals with children in care, and this is summarised and set out below.
