31st Amendment to the Constitution

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Recommended: Introduction to childrens rights

In this essay I hope to analyse the 31st amendment to the Constitution by firstly, evaluating it's purpose and secondly, comparing it to previous case law and predicting it's legal impact. It is firstly helpful to note that the article being amended is relating to the welfare of children . It is arguable that the, Consitution has prevoiusly failed in it's protection for children and so this amendment is aiming to tackle this failure and offer children stronger protection. Below I will give an evaluation of the amendments and the impact these amendments may have, from a legal perspective. Article 42A.1°1- This article relates to the "natural and imprescriptable" rights of all children. It also continues to mention that the state, albeit as far as practicable, will vindicate the rights of all children. G v An Bord Uchtála2 was a case relating to Article 42.5°3 (which will now be deleted and replaced), related to the "natural and imprescriptable" rights of the child which will now be protected under Article 42A.1. This case which concerned the rights of an unmarried mother saw the Supreme Court trying to expand the rights provided for under the now replaced article with no real continuity. The previous article relating to this placed no real emphasis on State intervention except in exceptional circumstances which will now be changed following the addition of the amended articles. Another interesting aspect of this amended article is the reference to "all children". Previously marital families enjoyed a specific set of rights and it was permissible to discriminate in favour of marital families in some cases. This discrimination arises from the protection offered under Article 41.3.2°4,_________________________________________________... ... middle of paper ... ...l now be given the power to interfere in cases where parents have failed in their duties towards the child. This is extremely important as it allows the State to intervene in cases where there has been a failure, which was difficult to do in the past. This new role of protecting children's rights is favourable as it will, hopefully, prevent any failure by the State to children in unacceptable circumstances/situation. Overall, I think the new amendment is a welcome change to the current constitution. The added protection provided for will reduce failure by the State to protect it's children in difficult circumstances, where it previously could not. There will also be more accountability to the State in cases where this is a failure towards a child. This role of the State as a "watchful guardian" over vulnerable children is definitely a positive change.

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