Protecting the Rights of the Non-Offending Child in Ireland: Balancing State Rights with State Obligations

Protecting the Rights of the Non-Offending Child in Ireland: Balancing State Rights with State... Protecting the Rights of the Non-Offending Child in Ireland: Balancing State Rights with State Obligations CLAIRE BREEN University of Waikato, Hamilton, New Zealand 1. Introduction This paper seeks to analyse the protection accorded to the rights of those Irish children who have been identified by the Irish Courts as being children who may for a multitude of reasons be regarded as being children at risk. In such circumstances, these children become subject to State intervention where the State acts in parens patriae . The authority of the State to adopt this role is both constitutionally and legislatively mandated. This right of State intervention to secure the welfare of children at risk should come accompanied, one would assume, with a concomitant obligation to ensure that the State will in fact secure that welfare. However, in terms of the reality of the extent to which the Irish State meets these obligations it has been stated that: when one examines what has been happening over the last few years, one cannot but be left with a sense of dismay. It is no exaggeration to characterise what has gone on as a scandal. 1 The scandal referred to is that of the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Children's Rights Brill

Protecting the Rights of the Non-Offending Child in Ireland: Balancing State Rights with State Obligations

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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-5568
eISSN
1571-8182
D.O.I.
10.1163/1571818043603616
Publisher site
See Article on Publisher Site

Abstract

Protecting the Rights of the Non-Offending Child in Ireland: Balancing State Rights with State Obligations CLAIRE BREEN University of Waikato, Hamilton, New Zealand 1. Introduction This paper seeks to analyse the protection accorded to the rights of those Irish children who have been identified by the Irish Courts as being children who may for a multitude of reasons be regarded as being children at risk. In such circumstances, these children become subject to State intervention where the State acts in parens patriae . The authority of the State to adopt this role is both constitutionally and legislatively mandated. This right of State intervention to secure the welfare of children at risk should come accompanied, one would assume, with a concomitant obligation to ensure that the State will in fact secure that welfare. However, in terms of the reality of the extent to which the Irish State meets these obligations it has been stated that: when one examines what has been happening over the last few years, one cannot but be left with a sense of dismay. It is no exaggeration to characterise what has gone on as a scandal. 1 The scandal referred to is that of the

Journal

The International Journal of Children's RightsBrill

Published: Jan 1, 2004

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