The UN Convention on the Rights of the Child should become the framework for all policy relating to children, according to a public policy research body.
The Policy Institute is based in the faculty of business, economics and social studies in Trinity College and undertakes public policy-oriented research, using both in-house researchers from the college and invited research fellows.
Its latest publication, by Ms Noirín Hayes, director of DIT's school of social science and legal studies, is Children's Rights - Whose Right? A Review of Child Policy Development in Ireland. According to Ms Hayes, the basis for current policy on child-related matters is welfare-based rather than rights-based and sees children as the passive recipients of protection within the context of the family.
She said this approach also characterised the attitude to disability and the role of the State, and the ensuing Bill that was rejected by disability-rights campaigners.
The absence of such a rights-based approach allowed a situation where growing numbers of children are homeless, levels of illiteracy and early school-leaving are high, and 46 per cent of local authorities do not provide playground facilities, she writes. A rights-based approach would ensure that children's interests were seen as paramount in all matters affecting them.
"Policy that is constructed in the spirit of balance between rights and obligations is more likely to generate integrated responses," according to Ms Hayes.
The UN Convention on the Rights of the Child, ratified by Ireland in 1992, could act as a mirror against which the duties and obligations of adults and of the state could be reflected, she said.
She welcomed the adoption of the National Children's Strategy in 2000. However, she said this now required measures to further it. Such measures should include a minister without portfolio who, for a fixed period, would be responsible for progressing it.
He or she would report directly to the Cabinet Committee on Children.
The brief of the National Children's Office should be strenthened, according to Ms Hayes, and it should place a report annually before the Oireachtas.
Following the passing of the enabling Bill earlier this year, an office of Ombudsman for Children should now be established.
In addition, the Bill should be strengthened to include the responsibility of the office to protect as well as promote children's rights. The existing exemption from its remit of children in detention and the children of refugees and asylum-seekers should be removed so that it could protect and promote the interests of all children.
Children should be consulted, according to their age and understanding, on matters concerning them, with the establishment of an Advisory or Reference Group of children, linked to the National Economic and Social Council.
Ms Hayes also recommends the amendment of the Education Act to allow for the establishment of student councils. These could be established at both primary and secondary level.