Children's group welcomes law reform report

The Children's Rights Alliance has welcomed the publication of a report on child law reform, hailing it as a "landmark in our understanding in child law".

The report, entitled Rights-Based Child Law, was published today by the Law Society and makes a number of recommendations for reform in laws pertaining to children.

Under the heading of Children's Constitutional and International Rights, the report stipulates that every child has the right to a name and nationality from birth; to family or parental care; basic nutrition; protection from maltreatment and exploitation and the right not be detained except as a last resort.

It adds that the child's interests are "of paramount importance in every matter".

The report goes on to say that in legal matters to give children's rights precedence over the rights of others could be allowing them "disproportionate weight".

A better approach, it recommends, would be to "weigh the interests of the children against those of other persons in the family unit, giving precedence to the children's interests when they cannot be reconciled with the parents', but also making allowance for the relative importance of the different interests to be considered."

It adds that "legislative guidelines and rules of professional conduct be developed for the legal representation of children."

The Law Society also advised that children accused of crimes should be entitled to "a mentor service ... in the absence of other suitable support, such as their parents, to assist and guide them during the criminal process."

In the case of legal representation, it is recommended that only solicitors with specific expertise in child law be permitted to represent minors. "The vulnerable position of the migrant child" should also be addressed.

Speaking after the publication of the report the Jillian van Turnhout, chief executive of the Children's Rights Alliance said: "Rights-Based Child Law examines key aspects of the law as it relates to children and represents a landmark in our understanding of child law, an area which is often overlooked.

"The report maps outs a blueprint for reform, it highlights key weaknesses in our law and presents a series of specific recommendations in areas where reform is urgently needed."

"The findings of this report must be listened to and its recommendations acted upon, the needs of our children cannot be ignored they must be given priority," Ms Van Turnhout added.

Speaking at the launch Minister for Children Mr Brian Lenihan the report "provides a most comprehensive and insightful picture of legislation relating to children in this jurisdiction and further afield."

He added that it "reports such as this are important as they both critique legislative provisions and also anticipate the gaps in provision which we need to provide in the future."