The proposed children's referendum would improve the rights enjoyed by children under the Constitution but safeguard the position of the family, the Government has insisted.
Publishing the referendum wording yesterday, Taoiseach Bertie Ahern said it had achieved a "remarkable and commendable" balance.
"All of these elements will protect the rights of children. None of them will undermine the role of parents or the constitutional safeguards for the family," he said.
If accepted, the wording would guarantee "the natural and imprescriptible rights of children" in cases where parents may fail in their duties towards them.
Furthermore, it would allow for the adoption of children born to married parents and allow for parents voluntarily to offer up a child for adoption. The courts would also be required to "endeavour the best interests of the child in any legal proceedings, including divorce and separation cases.
"By putting this onus on to the State - both the courts and the legislature - to protect and continually develop the rights of children, we will ensure that Ireland remains to the forefront among our international peers," he said.
Minister of State for Children Brian Lenihan, the lead architect of the wording, accepted that some found the need for greater constitutional protection for children "bewildering, if not a little threatening".
That attitude was "not surprising" because the vast majority had the very good fortune to live in the security of happy families where children were cherished.
"That is why at the very outset I want to stress that this amendment in no way changes or undermines the constitutional position of the family based on marriage as the fundamental unit of our society," he said.
The Government was "in total agreement" with the Supreme Court's Mr Justice Adrian Hardiman who had said the welfare of the child "is best secured in his or her natural family".
The intention of "strengthening the position of children" had to be balanced with other principles, including the duties of parents and "the regard in which the family is held by the Irish people".
"The amendment makes no change in the circumstances where the State can intervene in the family. The test for family failure remains unchanged.
"If this amendment is passed, it will be neither easier nor more difficult for a child to be taken into care," said Mr Lenihan.
Rights contained in Article 40 of the Constitution covering equality and the vindication of personal rights did not need explicit or exhaustive restatement, he said.
Minister for Justice, Equality and Law Reform Michael McDowell said the referendum could be held during the lifetime of the next Oireachtas if the current Oireachtas passed the legislation ordering it to be held.
Under the 1994 Referendum Act, a referendum must be held no earlier than 30 days after legislation is passed by both Houses, but no later than 90.
Mr Lenihan was asked if a referendum could be held before the Dáil was dissolved
The Minister of State replied: "Clearly, if the Opposition agreed tomorrow to a referendum, there would be a referendum. There has been an understandable call for a debate on this issue and I certainly don't want to put pressure on anyone, but I hope the Opposition will come forward with their detailed responses in the next few days.
"They have known for some weeks of the substance of these proposals, but they were anxious to study the wording. They now have that opportunity."
The referendum would grant the Oireachtas powers to create offences of absolute or strict liability for those in connection with a child under 18, although the wording does not limit its application to sexual offences.
"The age of consent has nothing to do with this referendum," Mr Lenihan said. "In fact, we deliberately formulated this proposal to ensure that the age of consent does not enter in any way. This is about an age of protection."
