Barnardos proposes referendum wording

Barnardos has called for new provisions in the Constitution to cover child protection and welfare, and to give increased powers for the State to intervene where children are under threat.

The children's charity unveiled its campaign for change at its conference, Children's Rights and the Constitution, today.

"Our aims for this conference and campaign are simple. We want to analyse the issues facing children and young people honestly and openly," Barnardos chief executive Fergus Finlay said.

The provision covering child protection and welfare would be added to Article 40, and while amending Article 42.5 to allow the State to intervene in certain cases where the welfare of children is under threat.

The Barnardos wording amends the articles as follows: "Article 40.3.4: The State recognises the unique and vulnerable nature of children and promises to guard with special care their welfare.

It shall by its laws and its actions protect and vindicate the welfare of children, and such welfare shall be the paramount consideration in any decision made by the State, or its authorities, in relation to children.

"Article 42.5 In exceptional cases, where parents fail to protect the welfare of their children, the State shall take such action as is necessary to ensure such protection."

Fergus Finlay

A new poll by Barnardos found that three-quarters of Irish voters are in favour of enshrining children's rights in the Irish Constitution through a referendum.

This figure rises to 80 per cent when participants were shown the sample wording of the amendment, which reflected concerns on protection and welfare.

"What these findings show are substantial majorities in favour of inserting children's rights across the Constitution. The same high levels of support are to be found across all income groups, all ages, in every region of the country, and among supporters of all political parties," said Mr Finlay.

However, earlier today, Minister for Children Brian Lenihan, warned that the task of strengthening the position of children in the Constitution will not be easy.

Mr Lenihan said that the people of Ireland would have to make the decision on whether to change the Constitution, and that in the past, they have demonstrated a "strong attachment" to it.

"The burden of persuasion in any referendum is a heavy one. It is all the greater when the proposal relates to the delicate and intimate relationship that exists between child, parent, family and the State," he said.

Government officials are examining a number of options as part of its proposed wording for a referendum. It is understood the options include inserting a number of new articles in the Constitution but avoiding any significant change to the rights of the family.

The CARI Foundation, which counsels children who have suffered sexual abuse, also welcomed plans for the referendum. Mary Flaherty, national director of CARI, said a revised constitution is an essential next step in recognising the rights of the child and will go a long way towards making our children safe. "Disclosure of child sexual abuse leaves children, non-abusing parents and often the wider community in a very vulnerable position. It is important that children are afforded a safe supportive environment following disclosure of abuse," Ms Flaherty said. "Children cannot survive in isolation and CARI believes in supporting families while minimising the risk which can be involved with custody and access arrangements."