The State is likely to be taken to the European Court of Human Rights on the issue of equality for unmarried fathers if the current legal situation is not rectified, according to a family law expert.
Solicitor Geoffrey Shannon told the Unmarried Fathers of Ireland Conference in Dublin that unmarried fathers get a raw deal in Irish law.
"Unmarried fathers do not have an automatic right to the care or the upbringing of their child; unmarried mothers have both," he said. "Under Irish law, the relationship of the unmarried father to his child is legally that of a stranger."
He said the rights of parents regardless of status were part of the European Convention on Human Rights, incorporated by the State in 2003. However, they had not been legislated for.
"Legislation in this area has evolved as a result of cases coming before the European Court of Human Rights. We need a more proactive approach. We need to bring our law into line with our international obligations," he said.
He gave his full support to the proposed children's rights referendum, which he said would put the children of married and unmarried parents on the same footing and would make it harder for children of unmarried parents to be taken in to care.
"At present there are two tests for taking children in to care: a higher and a lower threshold. The State can only apply the lower threshold to children of unmarried parents," he said. "If the referendum is passed, the higher threshold will apply to all children."
Mr Shannon welcomed the recent report into proceedings before the family law courts by Carol Coulter, and suggested it should look at the number of fathers being given access to and guardianship of their children.
However, journalist and unmarried fathers' advocate John Waters described the report as a "great national whitewash". He said there had been an "ongoing and deliberate" denial of the human rights of unmarried fathers.
Mr Waters strongly opposed the referendum, saying it would result in parents having to fight the State to represent the interests of their children.
Unmarried Fathers of Ireland chairman Donnacha Murphy said they would also oppose the referendum as it would "erode parental rights".
