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Irish Children's Referendum, 2012
The Irish Children's Referendum was on the ballot for Irish voters on November 10, 2012. It was approved.
This measure was designed to establish rights and economic resources for Irish children. The measure added a section to the Irish Constitution that states when parents, regardless of marital status, do not provide for their children's safety or welfare the government shall intervene to facilitate adoption, guardianship or custody of, or access to, any child.[1]
Election results
Election results are below:[1]
| Result | Votes | Percentage | ||
 Yes | 615,731 | 58.00% | ||
| No | 445,863 | 42.00% | ||
Text of measure
The amendment repealed section 5 of Article 42 and added a new article titled 42A. The following underlined text would be added, and struck-through text would be deleted:[2]
Article 42:
(5). In exceptional cases, where the parents for physical or moral reasons fail in their duty towards their children, the State as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
Article 42A 1 The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights.
2 1° In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
2° Provision shall be made by law for the adoption of any 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 interests of the child so require.
3 Provision shall be made by law for the voluntary placement for adoption and the adoption of any child.
4 1° Provision shall be made by law that in the resolution of all proceedings—
- i. brought by the State, as guardian of the common good, for the purpose of preventing the safety and welfare of any child from being prejudicially affected, or
- ii concerning the adoption, guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.
2° Provision shall be made by law for securing, as far as practicable, that in all proceedings referred to in subsection 1° of this section in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child.[3]
See also
Footnotes
- ↑ 1.0 1.1 The Post, "Children’s rights referendum could ignite general election," January 30, 2011
- ↑ [XXXX XXXX Legislature, "XXXXX," accessed January XXXX, 2018]
- ↑ Note: This text is quoted verbatim from the original source.
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