INTRODUCTION

Ireland makes an interesting case study for children’s rights implementation. Initially slow to reform its laws following its ratification of the United Nations Convention on the Rights of the Child (hereinafter CRC or ‘the Convention’) in 1992, the last decade has seen a step change in the legal impact of the Convention. The incorporation of a children’s rights provision into the Constitution of Ireland in 2015 was a watershed, and the adoption of Better Outcomes, Brighter Futures, the National Policy Framework for Children and Young People, also represented a significant milestone in the incorporation of children’s rights into Irish policy. At the same time, the legal incorporation of specific Convention provisions into domestic law has been piecemeal, and much more needs to be done to give full effect to the CRC in Irish law.

This chapter aims to critique Ireland’s approach to the incorporation of the Convention by documenting the progress to date and identifying where further work is needed to ensure that Irish law is in line with international children’s rights obligations. It begins by considering Ireland’s approach to the incorporation of international human rights law into its domestic law, and explores the extent to which children’s rights are protected within Bunreacht na hÉireann, the Constitution of Ireland. It then considers the progress that has been made in developing the statutory framework to support the implementation of core provisions of the Convention, before examining how the Convention has been considered by the Irish courts. Finally, it will discuss the progress that has been made in developing policy and other administrative structures and mechanisms to support the process of implementation, concluding with some remarks as to the lessons to be learned from Ireland’s approach to incorporation.

COUNTRY OVERVIEW AND CONTEXT

GENERAL OVERVIEW

Ireland has a population of approximately 4.8 million people, with children (aged 0–17 years) representing 25 per cent of the total population. Education is compulsory for children aged 6–16 years (or until children have completed at least three years of secondary education). Ireland’s formal education system includes primary and secondary school, with children generally starting primary school at 4–5 years and commencing their secondary education at 12 years.