Battle(s) over children’s rights and the Irish Constitution.

Abstract

The paper centres on the battle(s) that have been, and are being, fought over children's rights under the Irish Constitution. The author assesses whether the Irish Constitution, as it stands, qualifies as a ‘children's rights constitution’ under which children are afforded special recognition in terms of their rights rather than their welfare. The likelihood that any constitutional amendment proposed in the near future will succeed in bringing the Irish Constitution into the ‘children's rights’ category of constitution, is considered. The author addresses both the issue of the alleged desirability of a ‘children's rights constitution’ and the extent to which the Irish Constitution (or any constitution, in fact) can and should protect the various rights and interests of children.