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national | rights, freedoms and repression | opinion/analysis

Tuesday February 20, 2007 16:03

by Sean Crudden - impero

sean at impero dot iol dot ie

Jenkinstown, Dundalk, Co Louth.

087 9739945

The Rights of Children

"A useful starting point, therefore, might be to ask not why there is so much disruptive behaviour in Irish second-level schools but why there is so little?"

Professor Tom Collins

The Irish Times, 20 February 2007.

Sean Crudden

As I have often pointed out before it is not possible to pass a constitutional referendum to create perfect parents, teachers, nurses, doctors, psychologists, psychiatrists. And the rights of children are trampled upon every day of the week not as a matter of law but as a matter of daily practice. It seems to me that there will be a very considerable lag between the passage of laws enshrining children’s rights and the vindication of those rights in practice in everyday life.

I have a friend who always wants to consult the rule-book in a club or "community" setting. That is because his instinct is to break and circumvent every rule in the book himself. In that sense we suspect that the law is always on the side of the oppressor who cunningly lines affairs up so that the law is on his side or, at worst for him, is powerless to intervene.

There again if a third party or outside agency tries to intervene in the relationship between a parent and child or between a pupil and teacher or between a psychiatrist and her client matters will probably become more inflamed and uncontrollable with worse consequences eventually for the weaker party in any one of these kernel binary relationships.

One notices, although we seldom yet hear anything about it, that special "Tribunals" have been set up to protect the rights of mental patients. Tribunals may, indeed, be a help to patients but, personally, I have no faith in courts of law as ministers to family welfare or to the welfare of children.

Perhaps in the end, like a lot of other things, it comes down to a matter of attitude. And it is impossible to overestimate the strength of authoritarianism and right-wing attitudes at every level in our civilisation today. There is never one-way traffic in these matters although there is always a "heavy" side and a "light" side. Unusually in my lifetime it seems to me that we have strong labourers today working on the side of enlightenment and genuine democracy. Ideally that work starts in the cradle.

To conclude, I am unashamedly robbing the conclusion to his article "Youth matters" by Tony Bates in today’s Irish Times when he refers to

"….. youth mental health innovations that we might want to consider piloting in Ireland to ensure that young people are heard, respected and supported as they journey into adulthood."

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Comments (3 of 3)

Children's Rights: Who will enforce these?

by Michelle Clarke - Social Justice and Ethics

Tue Feb 27, 2007 19:15

Sean

Enjoyed your posting about the rules and regulations. This quote caught my eye suffice to go out to buy the Wednesday Irish Times.

"….. youth mental health innovations that we might want to consider piloting in Ireland to ensure that young people are heard, respected and supported as they journey into adulthood." (Tony Bates - Clinical Psychologist)

Related Link: http://www.iol.ie/~impero/

I like Tony Bates articles, books, lectures and have passed on a few copies of his neat little book on Common Sense Depression.

I agree, after a rocky road of visualisation, plans and worries, that the NOW provides a lot of the secret..........but you journey to get there.

Thomas Merton has been one of the pilgrim paths I engaged in; and the Dalai Lama, Father Powell...........the bonus has been I grasped the word Enough....and in the day.

To ask this of children alas is not possible. If we wholly regulate their lives through education or lack of it to a system of rules and regulations.....surely then we stifle growth and mystery.

Personally while I wholly endorse the rights of Children I am scared of a pre-election Constitutional Change (with unclear motives!). The wording is something similar to the motivation behind a 'Swiss Cheese' contract.....too many holes, for escapists.

Michelle

Quotation:

Privelege
'Those who take the most from the table, teach contentment. Those for whom the taxes are destined, demand sacrifice. Those who eat their fill, speak to the hungry, of the wonderful times to come.

Those who lead the country into the Abyss, call ruling difficult, for ordinary folk.......
Bertolt Brecht (1898-1956) German Dramatist poet and committed Marxist.

But Einstein........Having acquired brain injury, I can identify with these views....

Military Glory - Albert Einstein - Austrian Born physicist

'He who joyfully marches to music rank and file, has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would surely suffice. This disgrace to civilisation should be done away with at once.

Heroism at command, how violently I hate all this, how despicable and ignoble war is; I would rather be torn to shreds than be part of so base an action. It is my conviction that killing under the cloak of war is now different than murder'

There is a challenge....

Goodnight Sean

Proposed Constitutional Amendments

by Sean Crudden

Sat Feb 24, 2007 14:30

Proposed wording for amendment to the Constitution*

Article 42 (A)

1. The State acknowledges and affirms the natural and imprescriptible rights of all children.

2.1o In exceptional cases, where the parents of any child for physical or moral reasons fail in their duty towards such child, the State as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents but with due regard for the natural and imprescriptible rights of the child.
2o Provision may be made by law for the adoption of a child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child, and where the best interest of the child so require.

3. Provision may be made by law for the voluntary placement for adoption and the adoption of any child.

4. Provision may be made by law that in proceedings before any court concerning the adoption, guardianship or custody of, or access to, any child, the court shall endeavour to secure the best interests of the child.

5.1o Provision may be made by law for the collection and exchange of information relating to the endangerment, sexual exploitation or sexual abuse, or risk thereof, of children, or other persons of such a class or classes as may be prescribed by law.
2o No provision in this Constitution invalidates any law providing for offences of absolute or strict liability committed against or in connection with a child under 18 years of age.
3o The provisions of this section of this Article do not, in any way, limit the powers of the Oireachtas to provide by law for other offences of absolute or strict liability.

* Article 42.5 will be repealed and replaced with the text above.

Government's goals on childcare law are unclear

Sat Feb 24, 2007 14:06

An article under the above heading appeared this a.m. in The Irish Times. It is written by Dervla Browne SC and it outlines how many of the Government's stated objectives in its proposed constitutional amendments affecting the rights of children have been already addressed.

It appears to me to be well-written and it represents the view of an insider and a professional in the area of children's legal rights.

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Comments (3 of 3)