Are We There Yet? - Children's Rights Alliance

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Are We There Yet?Parallel Report to Ireland’s Third and Fourth Combined Reportunder the UN Convention on the Rights of the ChildSeptember 2015

Children’s Rights Alliance MembersAg EisteachtAlcohol Action IrelandAlliance Against Cutbacks in EducationAmnesty International IrelandArc AdoptionThe Ark, A Cultural Centre for ChildrenASH IrelandAssoc. for Criminal Justice Research andDevelopment (ACJRD)Association of Secondary Teachers Ireland (ASTI)ATD Fourth World – Ireland LtdAtheist IrelandBarnardosBarretstown CampBeLonG To Youth ServicesBessborough CentreBorder Counties Childhood NetworkCarr’s Child and Family ServicesCatholic Guides of IrelandChildhood Development InitiativeChildren in Hospital IrelandCity of Dublin YMCACOPE GalwayCork Life CentreCrosscareDental Health FoundationDIT - School of Social Sciences & Legal StudiesDisability Federation of IrelandDown Syndrome IrelandDublin Rape Crisis CentreDun Laoghaire Refugee ProjectEarly Childhood IrelandEducate TogetherSchool of Education UCDEPICExtern IrelandFocus IrelandForóigeGLEN - Gay and Lesbian Equality NetworkHeadstrong - The National Centre for YouthMental HealthHealthy Food for AllImmigrant Council of IrelandInclusion IrelandIndependent Hospitals Association of IrelandInspireInstitute of Community Health NursingInstitute of Guidance CounsellorsInternational Adoption AssociationIrish Association for Infant Mental HealthIrish Association of Social Care Workers (IASCW)Irish Association of Social WorkersIrish Association of SuicidologyIrish Autism ActionIrish Centre for Human Rights, NUI GalwayIrish Congress of Trade Unions (ICTU)Irish Council for Civil Liberties (ICCL)Irish Foster Care AssociationIrish Girl GuidesIrish Heart FoundationIrish National Teachers Organisation (INTO)Irish Penal Reform TrustIrish Premature BabiesIrish Primary Principals NetworkIrish Refugee CouncilIrish Second Level Students’ Union (ISSU)Irish Society for the Prevention of Cruelty toChildrenIrish Traveller MovementIrish Youth Foundation (IYF)Jack & Jill Children’s FoundationJesuit Centre for Faith and JusticeJunglebox Childcare Centre F.D.Y.S.Kids’ Own Publishing PartnershipLaw Centre for Children and Young PeopleLifestart National OfficeMarriage Equality - Civil Marriage for Gay andLesbian PeopleMary Immaculate CollegeMental Health ReformMounttown Neighbourhood Youth and FamilyProjectMyMindNational Organisation for the Treatment ofAbusers (NOTA)National Parents Council Post PrimaryNational Parents Council PrimaryNational Youth Council of IrelandOne FamilyOne in FourParentlineParentstopPavee PointPeter McVerry TrustRape Crisis Network Ireland (RCNI)Realt BeagSAFE IrelandSaoirse Housing AssociationSAOL Beag Children’s CentreScouting IrelandSimon Communities of IrelandSociety of St. Vincent de PaulSonas Housing AssociationSpecial Needs Parents AssociationSpunOut.ieSt. Nicholas Montessori Teachers AssociationSaint Nicholas Montessori College IrelandSt. Patrick’s Mental Health ServicesStart StrongStep by Step Child & Family ProjectSuas Educational DevelopmentSugradhTeacher’s Union of IrelandThe UNESCO Child and Family ResearchCentre, NUI GalwayThe Guardian Children’s ProjectThe Prevention and Early Intervention NetworkTreoirUNICEF IrelandUnmarried and Separated Families of IrelandyoungballymunYouth Advocate Programme Ireland (YAP)Youth Work Ireland

HAPTER 1:General Measures of Implementation05CHAPTER 2:Definition of the Child15CHAPTER 3:General Principles19CHAPTER 4:Civil Rights and Freedoms29CHAPTER 5:Violence against Children35CHAPTER 6:Family Environment and Alternative Care47CHAPTER 7:Disability, Basic Health and Welfare61CHAPTER 8:Education, Leisure and Culture81CHAPTER 9:Special Protection Measures95CHAPTER 10:Optional Protocol on the Sale of Children, ChildProstitution and Child Pornography107Optional Protocol on the Involvement of Childrenin Armed Conflict109CHAPTER 11:CHAPTER 12:Optional Protocol on a Communications Procedure111Appendix 1:Consultation Contributors113Parallel Report to Ireland’s Third and FourthCombined Report under the UN Conventionon the Rights of the Child01

AcknowledgementsThe Children’s Rights Alliance wishes to thank all those who contributed to researching andcompiling this report, including the staff of the Children’s Rights Alliance and in particular itsLegal and Policy Team, Maria Corbett, Legal and Policy Director, Edel Quinn, Senior Legaland Policy Officer, Lauren Flanagan, Child Rights Intern, and Catriona Doherty, CatherineMcGuinness Fellow. A special thanks is owed to Margaret Burns for her help with proofreading.We are particularly grateful to our members and other stakeholders across the country whocontributed their time and expertise to support the development of this report.We would like to express our appreciation to members of our UNCRC Project Steering Groupfor their valuable guidance on this project. They are: Amnesty International, Ireland; AtheistIreland; Barnardos; Brendan Gogarty, BL; Early Childhood Ireland; Educate Together; EPIC;Forbairt Naíonraí Teoranta; Foróige; Gay and Lesbian Equality Network; Guardian Children’sProject; Immigrant Council of Ireland; Irish Council for Civil Liberties; Irish Penal Reform Trust;Irish Refugee Council; Irish Society for the Prevention of Cruelty to Children; Irish TravellerMovement; Jesuit Centre for Faith and Justice; Lifestart; Pavee Point; Scouting Ireland; StartStrong; Swan Youth Service; UNESCO Child and Family Research Centre; UNICEF Ireland;and Youth Advocates Programme Ireland.The Children’s Rights Alliance would like to express our sincere thanks to our Patron,Professor Geoffrey Shannon, Child Rights Expert, and to the funders who supported thisproject: The Atlantic Philanthropies; the Department of Children and Youth Affairs; theDepartment of the Environment, Community and Local Government; and the KatharineHoward Foundation.We would like to acknowledge and thank the following for allowing use of their images:Derek Speirs, Down Syndrome Ireland, the Immigrant Council of Ireland, RTE and the youngpeople who contributed to Picture Your Rights.Comhshaol, Pobal agus Rialtas ÁitiúilEnvironment, Community and Local GovernmentKATHARINEHOWARDFOUNDATIONPrefaceAre We There Yet? is the Children’s Rights Alliance’s Third and Fourth combined ParallelReport to the United Nations Committee on the Rights of the Child. It is the culmination ofa major civil society consultation with over one hundred of our members and stakeholderswho work at the coalface with children and families in Ireland.A lot has happened since Ireland was last reviewed in 2006. To be fair, there has been lots ofpositive change. The Constitution of Ireland has been amended to strengthen children’s rights,we now have a Minister for Children and Youth Affairs with full Cabinet status and a dedicatedagency has been established for children and families. These are very significant milestonesand lay the foundation for an Ireland where children can flourish. And the happy reality is thatmany children growing up in Ireland have their rights respected, protected and fulfilled.Sadly, some large and very dark clouds hang over this happy picture.For a substantial minority of children, life is tough. These children, through no fault of theirown, are living on the margins and are being failed by the State. This report highlights theplight of these children. The happy picture fades when you learn that there are 1,500 asylumseeking children growing up in sometimes inappropriate direct provision accommodation.Traveller children have an infant mortality rate that is three and a half times higher than thenational average. There are gaps in our law so that children are not fully protected - so,inexplicably it’s still legal to hit your child, or indeed another child, if you are their minder.We have the highest EU rate of youth suicide amongst girls and the second highest rateamongst boys. Other stark realities are that one third of LGBT young people have seriouslythought about ending their lives and 20 per cent have attempted suicide. Shamefully, Irelandranks second of 194 countries for binge drinking of alcohol amongst those aged 15 and over.We also spotlight the fact that in 2013 only one in three children detained on remand waslater detained upon conviction – raising a serious question on whether detention is beingused as a measure of last resort.Add to this shocking landscape a backlog of over 7,000 child protection cases and 3,000children on waiting lists for mental health support and thousands more waiting for otheressential health care and special needs services. There are serious delays in sexual offencescases being heard in court and very long waiting lists for sexual abuse counselling. Itgets even more unfair when you consider that waiting times vary massively from countyto county resulting in a geographical lottery dictating the speed at which a child will besupported. This is very far from utopia. The bottom line is that public services and the courtsmust be better resourced to provide essential supports and uphold children’s rights.The second dark cloud is poverty. The child poverty rate is soaring due to the recession aswell as austerity decisions chosen over the last few years. As a result, one in eight childrenis now living in consistent poverty, a staggering figure that has nearly doubled in five years.1,500 children are living in emergency homeless accommodation, a number that is rapidlyrising by the day as our housing crisis snowballs. Families are struggling to feed their childrenand to keep up with the costs of sending them to school. For some, they face the addedchallenge of ensuring a child with special needs or mental health difficulties is supported toreach their full potential.In a nutshell, the Irish State must improve children’s access to the healthcare and educationservices to which they are entitled. They must address child poverty. They must take thenecessary steps to improve the lives of marginalised children. Filling the children’s rights gapand creating a happy picture for all children is dependent on smart decisions and politicalwill. It is possible and it must now happen.Tanya WardChief Executive02Parallel Report to Ireland’s Third and FourthCombined Report under the UN Conventionon the Rights of the ChildParallel Report to Ireland’s Third and FourthCombined Report under the UN Conventionon the Rights of the Child03

12345678CHAPTER 1: GENERAL MEASURES OF d ratified without reservation the UN Convention on the Rights of the Childin 1992,1 the Optional Protocol on the Involvement of Children in ArmedConflict in 20022 and the Optional Protocol on a Communications Procedure in2014.3 Ireland was examined by the UN Committee on the Rights of the Child underthe Convention in 1998 and 2006. Ireland’s third and fourth combined examination isscheduled to take place in January 2016.2.Ireland consulted with civil society on the development of its Third and FourthCombined Report under the Convention,4 which it lodged with the UN Committeeon the Rights of the Child on 2 August 2013.5 Although the State Report is welcome,it should be noted that it was submitted over four years after the submission date set bythe Committee – 27 April 2009 – had passed.3.In 2011, there were 1,148,687 children under 18 years living in Ireland.6 This represented25 per cent of the total population and was the highest percentage of children amongthe then 27 European Union Member States, where the average child population was19 per cent.7 Between 2002 and 2011, the population of children in Ireland grew by13.4 per cent.84.Many children growing up in Ireland are experiencing a happy childhood where theirrights are respected, protected and fulfilled. The Government has prioritised childrenwith the appointment of a Minister for Children and Youth Affairs with full Cabinetstatus, an amendment to the Constitution of Ireland on children, and theestablishment of a dedicated agency for children and families. But despite these andother positive initiatives, for a sizeable minority of children another story exists. Thesechildren continue to be marginalised within society and failed by inadequate andoverstretched services and supports.5.During the nearly ten years since the Committee’s last examination, much has changedfor children in Ireland. Following years of unprecedented economic growth, in 2008Ireland experienced an economic crisis followed by a recession which brought poverty,hunger, debt, unemployment, emigration, homelessness and anxiety about the futureto the lives of many families and their children. Through a series of austerity budgetsand policy decisions, the State did not adequately protect children and vital publicservices from the impact of the recession.6.This Report has been prepared by the Children’s Rights Alliance on behalf of itsmembers. A UNCRC Project Steering Group was convened comprising memberorganisations and other stakeholders to guide the project and help shape a nationalconsultation involving civil society. The consultation on the Parallel Reportcommenced in November 2014 with a meeting held in Dublin attended by over 40groups and individuals. Four regional consultative events were held in different parts ofthe country – Carlow, Galway, Cork and Limerick – attended by local and regionalorganisations, academics and interested individuals. Written inputs were also soughtfrom members and other stakeholders and 36 submissions were received. A finalconsultation was held in April 2015.CHAPTER 1:GENERALMEASURES OFIMPLEMENTATIONOffice of the High Commissioner for Human Rights, Ratification Status for CRC, https://treaties.un.org/PagesView Details.aspx?src TREATY&mtdsg no IV11&chapter 4&lang en#EndDec [accessed 5 May 2015].Office of the High Commissioner for Human Rights, Ratification Status for CRC-OP-AC - Optional Protocol to the Convention on the Rights of the Child,http://tbinternet.ohchr.org/ layouts/TreatyBodyExternal/Treaty. aspx?Treaty CRC&Lang en [accessed 2 April 2015].Ibid.Department of Children and Youth Affairs (2013) Ireland’s Consolidated Third and Fourth Reports to the UN Committee on the Rights of the Child, Dublin:Department of Children and Youth Affairs. The State Report is required under Article 44 of the Convention.The Department of Children and Youth Affairs consulted with civil society, through the Children’s Rights Alliance, in late 2012 and early 2013.Central Statistics Office (2012) This is Ireland: Highlights from Census 2011, Part 1, Dublin: Stationery Office, p. 72 dpi.pdf [accessed 28 September 2015].Department of Children and Youth Affairs (2012) State of the Nation’s Children: Ireland 2012, Dublin: Government Publications, p. 12.Ibid., p. 10.04Parallel Report to Ireland’s Third and FourthCombined Report under the UN Conventionon the Rights of the ChildParallelReportto Ireland’sThird andFourthCivil SocietyParallelReportin responseto Ireland’sCombinedReportunder theReportUN ConventionThirdand FourthCombinedunder theUN Convention onon thethe RightsRights ofof thethe ChildChild05

7.Article 4 of the UN Convention on the Rights of the Child obliges States to undertakeall ‘[m]easures necessary for the implementation of the rights set out under theConvention, and [to] do so to the maximum extent of available resources with regardto economic, social and cultural rights’.9 PREVIOUSRECOMMENDATIONSFROM THE COMMITTEE8.9.10.The UN Committee on the Rights of the Child has examined Ireland’s progress onimplementing the UN Convention on the Rights of the Child on two occasions,in 1998 and 2006. Following each examination, the Committee issued a set ofConcluding Observations, comprising observations and recommendations outliningnecessary steps to be taken by the State to further the implementation of theConvention in Ireland.10 The assessment of progress made on theserecommendations should bear in mind that there has been a seventeen-year intervalsince the first examination and a nine-year interval since the second examination.Since the last examination in 2006, the State has made progress on a number ofthe Committee’s recommendations. The most significant advances include theamendment to the Constitution of Ireland to strengthen children’s rights; animprovement in the care of separated children seeking asylum; the raising of theminimum age of recruitment into the armed forces to 18 years; the prohibition of thepractice of female genital mutilation; and an increased investment in school buildings.Unfortunately, the State’s progress on implementing the remaining Committee’srecommendations varied. On some issues, steps were taken by the Government butmore action is needed to impact on children’s lives – for example increasing access tonon-denominational education; reforming adoption laws; and ending the practiceof detaining children in an adult prison. In other areas, limited or little progress hasbeen made to date. Examples include implementing the commitments to prohibitcorporal punishment; ratifying the Optional Protocol on the Sale of Children, ChildPornography and Child Prostitution; addressing child poverty; ensuring all reportedcases of abuse and neglect are adequately investigated and victims are supported;adopting a rights-based legal framework for meeting the needs of children withdisabilities and for children’s healthcare needs; taking steps to improve the lives ofTraveller children; addressing alcohol misuse; and supporting children with mental health needs.9UN General Assembly, Convention on the Rights of the Child, A/RES/44/25 of 20 November 1989, 1577 UNTS 3.10UN Committee on the Rights of the Child (2006) Concluding Observations: Ireland, CRC/C/IRL/CO/2 and Committee on the Rights of the Child (1998)Concluding Observations: Ireland, CRC/C/15/Add.85.11UN Committee on the Rights of the Child (1998) Concluding Observations: Ireland, CRC/C/15/Add.85, para. 25.12UN Committee on the Rights of the Child (2006) Concluding Observations: Ireland, CRC/C/IRL/CO/2, para. 9.13UN Committee on the Rights of the Child (2006) Concluding Observations: Ireland, CRC/C/IRL/CO/2, paras 6 and 7.06Parallel Report to Ireland’s Third and FourthCombined Report under the UN Conventionon the Rights of the Child INCORPORATION OFTHE CONVENTIONINTO LAW11.In 2006, the Committee reiterated its earlier recommendation11 that the State shouldundertake further action to incorporate the Convention into domestic law.1212.Ireland operates a dualist legal system meaning that international conventions must begiven further effect in domestic law to be justiciable before the Courts. Since 2006,elements of the Convention have been given legal effect, albeit in limitedcircumstances and settings, such as the constitutional amendment on children andthrough the Adoption Act 2010, the Child and Family Agency Act 2013, and theChildren and Family Relationships Act 2015. While these developments are laudable,there are still significant gaps in the protection of children’s rights in Irish law. Forexample, corporal punishment is permissible and there is no legal framework on thechild’s right to healthcare.13.Recommendation: The Committee is urged to recommend that the State conductsan audit of its laws and judicial and administrative practices to determine wherethese fail to comply with the Convention and its Optional Protocols. The identifiedgaps should be addressed through a consolidated Children’s Rights Bill.14.Constitutional Law: In 2006, the Committee drew attention to its outstanding 1998recommendation13 where it called on the State to: ‘take all appropriate measures toaccelerate the implementation of the recommendations of the Constitutional ReviewGroup for the inclusion of all the principles and provisions of the Convention [ ],thereby reinf

Are We There Yet? is the Children’s Rights Alliance’s Third and Fourth combined Parallel Report to the United Nations Committee on the Rights of the Child. It is the culmination of a major civil society consultation with over one hundred of our members and stakeholders who work at the coalface with children and families in Ireland.

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Children’s feelings about their experiences of talking to professionals 24 Some suggestions from research about the support services children might want 24 Respecting children’s agendas 25 How children would like to be involved 27 Successful ways of listening to children 28 Summary 29 . 4 Summary of the seminar on 5 July 1999 33 Children’s rights 33 Children’s right to information 34 .