Session Information
25 SES 11, Children’s Rights, Wellbeing and Protection
Paper Session
Contribution
Abstract
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment” is enshrined in Article 3 of the European Convention of Human Rights to which the Republic of Ireland and other European countries have been a party to for over 50 years. The clerical abuse cases in Ireland, calculated to involve “one in every four children” over the period from 1937-2002, highlighted systematic abuse of children in religious and educational environments both urban and rural. As a result, the Catholic Church and the Irish state have been subjected to unprecedented scrutiny in the last year and held accountable for the systematic cruelty that children endured. Government enquiries culminating in The Ryan (2009) and Murphy Report s (2009) placed the experiences of abuse on public record helping to vindicate the account of children now adults. There are efforts in place to try and help reduce the isolation and shame which survivors of this abuse have endured over the years. Similarly in other countries such Germany, Canada and Australia enquiries have revealed that children have been vulnerable in institutions where adults have assumed the role of “in loco parentis” yet breached parental trust and ignored “the duty of care”.
Children in these institutions were not invisible but other adults were silent witnesses to the deeds, and the concept of children having rights was ignored. The same passivity can persist today as child protection legislation and functions remain inadequate to give real recognition to the rights of minors.
This paper explores the issue of child abuse with reference to the use of the ECHR and previous case law that has tested the meaning of “torture or inhuman or degrading treatment or punishment “(Tyrer v UK, Cosans and Campbell v, Mrs and Ms X v UK etc). The implications for professionals in prioritising the safety and welfare of this and future generations of children are raised, and, within the Irish context, discussion focuses on the call for a referendum to place the rights of children at the heart of the Irish constitution. More broadly, policy elsewhere is also reviewed to see what gains have been made in ensuring that “the rights of the child are paramount”.
Method
Expected Outcomes
References
The Ryan Reprt (2009) The Murphy Report (2009) Parker-Jenkins, M (1999), Sparing the Rod: Schools, Discipline nad Children's Rights Parker-Jenkins M (2011) Children's Rights nad the influence of Strasbourg, International Journal of Education Law Wringe (1971) Children's Rights: A Philosophical Discussion Child Protection Legislation in European Countries- Robinson et al
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