- The Regulation of Reproduction and Best Interests Analysis
- When Does a Right to Life Arise?
- “Of Sound Mind and Body”: A Call for Universal Drug Screening for All Newborns
- Legislation In Search of “Good-Enough” Care Arrangements for the Child: A Quest for Continuity of Care
- Screening Potential Parents
- Procreation and Parenting
- The ART of Parentage
- Adoption Versus Alternative Forms of Care
- Children in Fragile Families
- Protection of the Health of Newborns: Whatever Happened to Baby Doe?
- Corporal Punishment and the Law in Global Perspective
- Addressing Childhood Trauma: Phenomena as a Roadmap to Response
- Disputes over Medical Treatment for Children
- Children’s Right to Privacy
- The Child Protection System
- Contested Child Protection Policies
- How Federal Laws Pertaining to Foster Care Financing Shape Child Welfare Services
- Equal Parenting Time: The Case for a Legal Presumption
- Relational Parents: When Adults Receive Rights in Children Because of Their Relationship with a Parent
- The Changing Landscape of Funding Public Elementary and Secondary Education in the United States
- School Accountability
- Race and Education: School Desegregation and Resegregation since <i>Brown</i> and Promising Avenues toward Integration
- Children’s Religious Freedom in State Schools: Exemptions, Participation, and Education
- The Supreme Court Has Spoken: The Potential Impact of Decisions Interpreting US Federal Statutes on the Education of Students with Disabilities
- Proposed Policies to Reduce Weapons in Schools: Based on Research from an Ecological Conceptual Model
- The Intersection between Schools and the Criminal Justice System
- Private School Regulation: Individual Rights and Educational Responsibilities
- Considerations for Policymaking Affecting Adolescents in the Liberal Democracy
- Children and Juvenile Justice Law: The Possibilities of a Relational-Rights Approach
- Gender, Justice, and Youth Development
- Children’s Participation in Decisions about Parenting Arrangements
- Reforming Child Welfare
- The Promises and Pitfalls of Constitutionalizing Children’s Rights
Abstract and Keywords
In 2012, the Irish Constitution was amended by the insertion of a new provision focused on children’s rights. This amendment marked the culmination of a twenty-year campaign driven in large part by the opinion that the Constitution overemphasized the rights of parents and the family unit to the detriment of the rights of children. Campaigners hailed the outcome of the referendum as a historic day, but academic opinion has been more cautious about the true impact and potential of the final version. This article examines the lessons of the Irish experience by first exploring the reasons why children’s rights might be constitutionalized. It then examines the background to the Irish amendment, before drawing some conclusions on its impact and on what can be learned from the Irish experience on the value and limitations of constitutional change as a vehicle for advancing children’s rights.
University College Cork
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.