With three weeks remaining before Irish citizens vote on an amendment to the constitution, information on the proposed changes arrived in most letter boxes this week.
Will people be any the wiser byreading the independent commissioner's referendum guide? Possibly not. The guide leaves many questions unanswered, cloaked as it is in legal language. Hopefully in the next 21 days informed debate may offer a real understanding of the changes being proposed.
Unlike previous constitutional changes, the Children's Referendum has all-party support, and as a result media coverage and debate on the issue has been limited. The information may be available, but it is difficult to decipher. Now it is incumbent on the media as the vehicle of communication to try to explain in "plain language" what these changes are and provide opinions from both sides of the debate to ensure all citizens understand its importance to make an informed decision.
Bascially there are four main sections - that the State explicitly recognises the rights of children (although according to the referendum guide, those rights are not listed and it will be up to the court to decide what they are on a case by case basis ).
Secondly the State can get involved "in exceptional circumstances" if parents (whether married or not ) do not provide enough care.
Thirdly when parents have failed over a period of time to look after the child and keep the child safe, the State may decide it is best for the child to be adopted, and fourthly that the views of the child will be taken in consideration on all occasions (whether it is state intervention, adoption, fostering, etc ) having regard for the age and maturity of the child.
While some opposed believe the State is trying to usurp parents by transferring the power of children from parent to the State, the yes voters believe children have their own rights, irrespective of their parents, that should be enshrined in law.
In the past the State has failed children in its care - some 170 have died while being looked after by the State and that has been well documented. However if the referendum is passed, it will be incumbent on the State to ensure it has all the resources in place to ensure children can be protected if parents are deemed unable to do so. That is a good thing.
The Government, led by the Minister of Children and Youth Affairs Frances Fitzgerald, is to be congratulated in putting the rights of our children first. She believes the reforms focus on improving capability to promote the safety and welfare of children and to ensure that child protection services can respond appropriately to all child protection concerns.
Without doubt every child has the right to the love and care of a family and, if this constitutional change ensures that, it is invaluable. Foster care was never designed to be anything but a short-term measure. It is unfair on foster families who want to ensure their “foster” children are legally their own, and certainly it is unfair on those children never to be given a second chance of a family.
However the Government, the opposition parties, those involved in forming legislation, and all interested parties must come forward in the next three weeks to ensure the public are fully informed.
TODAY -
‘We are guilty, Of many errors and many faults,
But our worst crime Is abandoning the children,
Neglecting the fountain of life.
Many of the things we need can wait.
The child cannot.
Right now is the time
Bones are being formed, Blood is being made,
Senses are being developed.
To the child we cannot answer ‘Tomorrow’.
The child’s name is ‘Today’.
Gabriela Mistral, Chilean Nobel Laureate Poet
