Children's Referendum

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Miranda

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Could someone tell me:
1.If we can currently enact/pass legislation regarding children's rights without contravening the existing Constitution?
If we can't could you point what exactly would contravene it?

2.Also, does E U Law take precedence over Irish Law?

3.If we ratified the U N Convention on the Rights of the Child, are we already bound by it?

And finally,
4. With regard to married couples voluntarily placing their child up for adoption, this can be done but only if the High Court places a judgement against them - can this law as it stands not be amended without a referendum?

Any answers to the above would be greatly appreciated as I am of the opinion that children being failed by this State is not the fault of the Constitution. Everything would appear to be in place for their protection but is failing due to a lack of accountability on behalf of Social Services and other government departments.
Thanks.
 
@miranda this isn't really political. Will try to answer as best I can.

1. Any law that would undermine the 'nuclear family' which is the married family plus the wider group would likely to fall foul of Constitition. 'Baby Anne' case essentially the natural parents put child voluntarily for adoption - changed their minds and got married - the SC directed that the child be handed back - though they did not feel that this was in the childs interests essentially. That said very unusual case. On the other hand unmarried fathers for example have virtually no rights. If you want more you will have to get to the law section of univeristy etc,

2. EU takes precendence is the simple answer but EU is not 'competent' on a range of matters.. there is a lot in this.

3. We ate not bound by other treaties even if we sign them as the essential point is all these other non EU treaties are not Irish Law until the treaties are enacted by legislation.Short answer to a comples issue.

4. Not sure that this exists.

Hope that helps
 
So what exact imapct will this have:

"The Supreme Court has found the government has used public money on the Children's Referendum campaign in a manner that was not fair, equal or impartial."

"The website for the referendum has been taken down."

Source: breakingnews.ie
 
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