Ombudsman for Children concerned about referendum

Referendum campaign: Ms Emily Logan, the first Ombudsman for Children who was appointed in December, told The Irish Times her…

Referendum campaign: Ms Emily Logan, the first Ombudsman for Children who was appointed in December, told The Irish Times her primary concern was Articles 2 and 3 of the UN Convention on the Rights of the Child. Ireland ratified the convention in 1992.

According to Article 2, states must ensure the rights of "each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parents' or legal guardians' race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status".

It also says that states must "take all appropriate measures to ensure that the child is protected against all forms of discrimination" on the basis of, among other factors, the status of the child's parents or legal guardians.

"Article 3 then says that all actions concerning children taken by the State must have the best interests of the child as their primary consideration," said Ms Logan.

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She said the tenets of the convention underpinned the National Children's Strategy published in 2000.

The strategy's "vision" was of an Ireland "where all children are cherished and supported by family and wider society; where they enjoy a fulfilling childhood and realise their potential".

A spokeswoman for the National Children's Office said the strategy was aimed at "all children in Ireland".

"It absolutely makes no discrimination between any children, whether they be citizens or not. It applies to all children."

Ms Logan said she shared the concerns of the Children's Rights Alliance and the Human Rights Commission on the proposed amendment.

"But in terms of lobbying Government or calling for a No vote, there is little I can do."

The Children's Rights Alliance has said the proposed amendment, if passed, would place the children of non-EU parents in a "separate class", with weaker rights than those born to parents from within the EU.

The Human Rights Commission raised concerns about the lack of consultation by the Minister for Justice, Mr McDowell.

It also expressed worries about the future constitutional protection of children born in this State to non-Irish, non-EU parents.

It said the data provided by Government to support the holding of a referendum were "vague or anecdotal".

Kitty Holland

Kitty Holland

Kitty Holland is Social Affairs Correspondent of The Irish Times