Simone Lawson
The 31st Amendment to the Constitution was passed by the people of Ireland in a referendum held in November 2012. This amendment introduced Article 42A, which recalibrates the rights between a child and their parents and impacts how children are treated in society. The amendment affirms the rights of all children, regardless of their parents' marital status, and allows the state to intervene if parents fail in their duties towards their children. It also lowers the evidential threshold for adoption applications and prioritises the best interests of the child in all proceedings related to their safety, welfare, adoption, guardianship, custody, and access.
| Characteristics | Values |
|---|---|
| Country | Ireland |
| Date | November 2012 |
| Article | 42A |
| Focus | Rights of children |
| Scope | Children born to married or unmarried parents |
| State Intervention | In cases where parents fail in their duty towards their children |
| Adoption | Evidential threshold lowered; children of married parents can be placed for adoption by parents |
| Child's Best Interest | Paramount consideration in all state proceedings and adoption matters |
| US Amendment Proposal | Equal rights for men and women |
| US Amendment Exclusion | Does not include abortion or its funding |
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What You'll Learn
- The 31st Amendment was passed by the people in the Constitutional Referendum of November 2012
- Article 42A of the Constitution recalibrates rights between a child and their parents
- The State recognises and affirms the rights of all children and will protect them
- The 31st Amendment will change the law of adoption, lowering the evidential threshold
- The Amendment enshrines the best interest of the child as the paramount consideration
The 31st Amendment was passed by the people in the Constitutional Referendum of November 2012
The 31st Amendment of the Constitution of Ireland was passed by the people of Ireland in a constitutional referendum that took place in November 2012. This amendment is particularly significant as it addresses the relationship between the State and children, marking a pivotal moment in recognizing and protecting the rights of children.
The text of the amendment itself is relatively concise. The key provision states that "The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights." This amendment was designed to provide a constitutional foundation for children's rights, ensuring that the State has a duty to protect and uphold these rights.
The referendum was held on the 10th of November 2012, with a high turnout of over 56%. The result was overwhelmingly in favor of the amendment, with 58% of voters supporting the change. This strong mandate from the people of Ireland sent a clear message about the importance they placed on safeguarding the rights and well-being of children.
The passage of the 31st Amendment had a profound impact on the legal landscape concerning children's rights in Ireland. It provided a solid constitutional basis for future legislation and policies aimed at promoting and protecting the rights of children. This amendment also elevated the status of children's rights within the legal system, ensuring that they are given due consideration in judicial interpretations and decision-making processes.
The amendment process itself was also noteworthy. The fact that this amendment was passed by a popular vote in a referendum underscores the democratic nature of Ireland's constitutional evolution. It demonstrates the power that the people hold in shaping the fundamental laws that govern their society and highlights the importance placed on direct democracy in critical issues such as recognizing and safeguarding vulnerable groups' rights.
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Article 42A of the Constitution recalibrates rights between a child and their parents
The 31st Amendment to the Constitution, passed in the 2012 Constitutional Referendum, introduces Article 42A, which recalibrates the rights of children and their parents. This amendment is a significant shift in how children are treated in society and their rights vis-à-vis the State.
Firstly, Article 42A recognises and affirms the rights of all children, regardless of their birth status, and the State shall endeavour to protect and uphold these rights. This is a departure from previous legislation, where the State's intervention was limited to exceptional circumstances. Now, the focus is on the impact of parental failure on the child, and the State can intervene with proportionate measures if a child's safety or welfare is likely to be affected.
Secondly, the 31st Amendment brings about significant changes to adoption laws. The evidential threshold in adoption applications has been lowered, and children of married parents can now be placed for adoption. This amendment also ensures that the best interests of the child are paramount in all State proceedings concerning their safety, welfare, adoption, guardianship, custody, and access matters.
The third key aspect of Article 42A is the State's role in supplanting the parents' role when they fail in their duties towards their children. Previously, the State could only intervene in exceptional cases, but now the focus is on the impact of parental failure, and the State can step in with appropriate measures to protect the child's welfare.
In conclusion, Article 42A of the 31st Amendment is a pivotal moment in recognising children's rights and the State's responsibility to protect them. It shifts the focus to the child's welfare and best interests, ensuring that the State actively intervenes when necessary, marking a significant development in Irish society's treatment of children.
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The State recognises and affirms the rights of all children and will protect them
The 31st Amendment to the Constitution, passed in the 2012 Constitutional Referendum, introduces Article 42A, which recalibrates the rights of children and their parents and how children are treated in society.
The State Recognises and Affirms the Rights of All Children
The amendment recognises the rights of all children and, as far as possible, will protect and vindicate those rights. This is regardless of the marital status of the child's parents. This is a significant shift from the previous position, where the state could only intervene in exceptional circumstances. Now, the focus is on the impact of the parents' failure on the child.
Protection of Children's Rights
The state will protect children's rights by intervening if parents fail in their duty to the extent that the child's safety or welfare is likely to be affected. The state will endeavour to act in place of the parents, again, regardless of marital status. This is a notable change in adoption law, as the evidential threshold in adoption applications has been lowered, and children of married parents can now be placed for adoption.
Best Interests of the Child
The 31st Amendment enshrines that the best interests of the child are the most important consideration in all state proceedings regarding safety, welfare, adoption, guardianship, custody, and access. This ensures that the child's well-being is paramount and prioritised in all decisions affecting their lives.
Impact on Society
The 31st Amendment has broad implications for society, impacting how children are treated and viewed in the legal system. It empowers the state to act in the best interests of children and protect their rights, especially in cases where parents fail in their duties. This amendment ensures that children's rights and welfare are respected and upheld, marking a significant development in children's rights and their place in society.
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The 31st Amendment will change the law of adoption, lowering the evidential threshold
The 31st Amendment to the Constitution, passed in the 2012 Constitutional Referendum, introduces significant changes to the law of adoption. One of the most notable changes is the lowering of the evidential threshold in adoption applications. This amendment modernises the approach to children's rights and their treatment in society.
Firstly, the amendment recognises and affirms the rights of all children, regardless of their parents' marital status. The state is now responsible for protecting and upholding these rights. This marks a shift from the previous position, where state intervention was limited to exceptional circumstances. Now, the focus is on the impact of parental failure on the child, with the state authorised to act proportionately to safeguard the child's welfare.
The 31st Amendment also brings about changes in adoption procedures. The evidential threshold for adoption applications has been lowered, making it easier for married parents to place their child for adoption. This amendment ensures that the best interests of the child are paramount in all state proceedings concerning safety, welfare, adoption, guardianship, custody, and access matters.
Prior to this amendment, the law primarily centred on the rights of parents, with the state only intervening when parents' actions severely endangered their children's safety or well-being. The 31st Amendment places greater emphasis on the rights and well-being of children, empowering the state to take proportionate action when necessary to protect them.
The interpretation and implementation of the 31st Amendment by the Irish Courts will be a significant development to observe. This amendment is a positive step towards ensuring that the rights of children are respected and protected, and that their best interests are prioritised in all legal matters pertaining to their safety, welfare, and future.
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The Amendment enshrines the best interest of the child as the paramount consideration
The 31st Amendment to the Constitution, passed in the 2012 Constitutional Referendum, introduces Article 42A, which recalibrates the rights of children and their parents and impacts how children are treated in society.
The Amendment establishes that the State recognises and upholds the rights of all children and shall protect those rights as far as possible, regardless of the child's parental marital status. This is a shift from the previous position, where the State could only intervene in exceptional circumstances. Now, the focus is on the impact of parental failure on the child, and the State will endeavour to act in place of the parents if their failure is likely to affect the child's safety or welfare.
The 31st Amendment also brings significant changes to adoption law, lowering the evidential threshold for adoption applications and allowing children of married parents to be placed for adoption.
Most importantly, the Amendment enshrines the best interest of the child as the paramount consideration in all state proceedings concerning a child's safety, welfare, adoption, guardianship, custody, and access. This marks a significant development, ensuring that the child's welfare is prioritised in all relevant decision-making processes.
The interpretation and implementation of the 31st Amendment by the Irish Courts will be an interesting development to observe, as it has the potential to significantly impact the rights and well-being of children in Irish society.
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Frequently asked questions
The 31st Amendment to the Constitution, passed in the 2012 Constitutional Referendum, introduces Article 42A, which recalibrates the rights of children and their parents. It also impacts how children are treated in society.
The Amendment makes significant changes to the law of adoption, lowering the evidential threshold for adoption applications. It also enshrines the best interest of the child as the most important consideration in all proceedings brought by the State regarding the child's safety and welfare.
The Amendment expanded the State's ability to intervene in family matters. Previously, the State could only intervene in exceptional circumstances, but now the focus is on the impact of the parents' failure on the child. The State can now step in to protect the rights of children, regardless of their parents' marital status.
