Ireland’s ratification of the United Nations Convention on the Rights of the Child

Ireland’s road to recognising children’s rights was a bumpy one, marked by a history of scandals and impacted by the Catholic Church’s influence on Irish society. However, in the early twentieth century, Ireland’s key political figures seemed to be taking a somewhat unified approach to recognising children as individual rights holders. This is evident from the State’s endorsement of the 1924 Declaration of the Rights of the Child, also known as the Declaration of Geneva – the first international human rights document in history to specifically address children’s rights.

Notably, in 2015 an original copy of the Declaration was donated to Ireland’s Ombudsman for Children’s Office, and it has some distinctive features. Firstly, it is translated into Irish and English. The Irish translation took place in September and October 1923 in advance of the Declaration’s endorsement by the League of Nations. This was part of a deliberate effort to localise or nationalise principles that were intended for universal application^[1]. Secondly, the Declaration that the Ombudsman for Children’s Office received is signed by 18 of the most prominent public figures, men and women, in Ireland at that time. For instance, it bears the signatures of the leading lights in all the main churches in Ireland – Christian and otherwise. More striking, though, is that it carries the signatures of William T. Cosgrave, the head of the first government of the recently established independent Irish State, and his chief political adversary, Eamon de Valera. These were two men who had taken opposing sides in a bitter dispute over the nature of the political settlement that underpinned Irish independence and over which a destructive civil war had been fought just a year before. Thus, we can understand from this action that despite the deep political divisions that existed in the new Irish State, there was agreement regarding the principles enunciated in the Declaration of Geneva.

However, the Declaration’s effect in Ireland was somewhat limited, as its signing had no impact on Irish law or policy. Furthermore, in the immediate post-independence decades in Ireland, from the 1920s onwards, the Catholic Church exercised a huge influence over Irish society. Thus, the under-resourced State was content to offload to various religious orders the responsibility for vast areas of public policy in respect of education, health and social services. Catholic social teaching was also pervasive, and this had a direct bearing on the rights afforded – and the protections provided – to children. In particular, the Church emphasised the sanctity of the Irish family unit, continuing to endorse that what a family chooses to do is of no concern to the State[2].

Throughout much of the twentieth century, Ireland’s approach to children’s welfare was primarily reactive. However, from the 1970s onwards, this system began to face increasing scrutiny as high-profile cases revealed the inadequacies and abuses within institutional settings, in particular those managed by religious bodies. For example, in March 1993, a forty-eight-year-old County Kilkenny father of two was convicted of rape, incest and assault committed between 1976 and 1991. An investigation into this case was ordered when it emerged that his daughter, the victim in this case, had had more than 100 contacts with the health service over the years for the treatment of serious physical injuries^[3]. The 1993 Kilkenny Incest Investigation, led by Judge Catherine McGuinness, shone a light on Ireland’s failure to protect its children, and it was noted that “in 1993, child protection played a very minor role in the business of central government and the health and social services”^[4]. The investigation recommended that the Irish Constitution include a clearer and stronger articulation of the rights of the child, because the very strong emphasis on the rights of the family in the Constitution may be interpreted as placing a higher value on the rights of parents than on the rights of children^[5]. This was echoed by the report of the Constitution Review Group in 1996, and subsequently by the United Nations Committee on the Rights of the Child in 1998.

During the 1980s and 1990s, Ireland experienced significant societal changes, including economic growth, greater social mobility, and a shift in public attitudes towards the role of the State in social welfare. This period saw a growing recognition of children as individual rights holders rather than passive recipients of adult care and protection. Advocacy groups and civil society organisations began to exert pressure on the government to reform the child protection and welfare system, calling for a more proactive and rights-based approach to children’s issues[6]. The 1991 Child Care Act marked an early attempt to reform child protection and welfare services; however, it did not create an independent body to oversee children’s rights[7].

Thus, prompted by consistent reports of the State’s ineffective approach to child protection throughout the twentieth century, the State began to move towards more concrete recognition of the rights of the child. In 1992, Ireland signed and ratified the United Nations Convention on the Rights of the Child^[8], demonstrating a recognition of children’s specific needs and vulnerabilities and the need for a changed approach to child protection. Unlike its ratification of the 1924 Declaration, when Ireland ratified the Convention it took on a legal obligation to implement its provisions. These provisions set out the minimum standards that need to be addressed in, and by, all States in order to ensure that children’s rights are respected. Moreover, Ireland became accountable to the United Nations Committee on the Rights of the Child, which has issued periodic reports on the progress Ireland had made in respect of children’s rights.

Setting up the Ombudsman for Children’s Office

The establishment of the Ombudsman for Children’s Office in Ireland was shaped by the need for a dedicated institution to protect and promote the rights and welfare of children.

The United Nations Convention on the Rights of the Child emphasises the need for States to establish independent bodies to monitor and promote these rights[9]. By ratifying the Convention, Ireland became obliged to align its domestic policies with international standards and to demonstrate a commitment to upholding children’s rights in a meaningful and transparent manner. The first Minister of State for Children, Austin Currie, was appointed in December 1994 and proposed the establishment of the Ombudsman for Children’s Office in 1996. However, this did not progress, and in 1998 the United Nations Committee on the Rights of the Child explicitly recommended creating an Ombudsman for Children to provide an independent mechanism for addressing complaints and promoting children’s rights across all areas of public policy[10].

The Irish Government then initiated consultations on establishing an ombudsman for children. The process was informed by comparative studies of similar institutions in other jurisdictions, including Norway, which had established an ombudsman’s office for children as early as in 1981[11]. Such international models demonstrated the potential effectiveness of an independent ombudsman in safeguarding children’s rights and influencing policy change.

Against this backdrop of evolving societal attitudes, international obligations and legislative reforms, the Ombudsman for Children’s Office was formally established in 2004 under the Ombudsman for Children Act 2002[12]. It was created as an independent statutory body with a dual mandate: to promote the rights and welfare of children under the age of 18; and to investigate complaints made by children or on their behalf against public bodies, schools and voluntary hospitals. Establishing the Ombudsman for Children’s Office marked a significant step forward in protecting and promoting children’s rights in Ireland, reflecting both a response to domestic challenges and an alignment with international best practices. It signalled a commitment to ensuring that children’s voices are heard in matters that affect them and that their rights are upheld in all areas of public life.

The first Ombudsperson for Children was Emily Logan, who took up office on 26 March 2004. Our first Annual Report, published in September 2006, outlined our successes, challenges and work done in our first year of establishment. Logan noted:

The development of a new institution is invariably more difficult and complex within than it appears from without. This first year has been the usual mix of challenge, frustration and the excitement generated by the goodwill and collaboration of so many interested parties and stakeholders. […] [C]onsiderable effort was invested in establishing a culture of independence, of commitment and hard work for the interests of children and young people, of developing clear and high standards in dealing with complaints and with the public.^[13]

She continued: “The establishment of this Office is part of a growing international consensus and momentum on how we should respect our children. In Ireland, the development of the Office is a strong statement and demonstration of policy change in relation to children and young people in Irish society”^[14].

What the Ombudsman for Children’s Office does

The Ombudsman for Children’s Office has three main functions:

• Complaints: to investigate complaints regarding actions of public bodies;
• Participation and rights education: to promote the rights and welfare of children; and
• Policy, research and legislation: to provide research and policy advice to the Irish Government and other bodies.

The complaints and investigations function deals with complaints from or on behalf of children against public bodies, schools and voluntary hospitals[15]. This mechanism is vital for ensuring that children’s voices are heard and their rights upheld across various sectors. We are authorised to receive complaints about any action (or lack of action) by a public body or organisation that is perceived to have adversely affected a child[16]. The investigation process is designed to be accessible and child-friendly, encouraging children to raise concerns seek redress without fear of retaliation or intimidation.

After receiving a complaint, we can begin investigations to determine whether there has been an administrative failure or a breach of children’s rights. An investigation can be triggered by a specific complaint, or it can be initiated independently by the Ombudsman if he or she suspects that there are systemic issues. After the investigation, we may issue recommendations to the relevant bodies to address identified breaches or failures[17]. Although these recommendations are not legally binding, there is a general expectation that public bodies comply; if they do not, they may face public disapproval or we may advocate further.

The Ombudsman for Children’s Office also has the broader mandate of promoting and safeguarding children’s rights as outlined in national and international law, including the United Nations Convention on the Rights of the Child[18]. As part of this, we undertake a range of activities aimed at raising public awareness of children’s rights and advocating for a rights-based approach to policies and practices that affect children. These include public awareness campaigns, workshops and educational programmes targeted at children, young people, parents, educators and the general public. We develop child-friendly materials and educational initiatives designed to empower children to understand and exercise their rights. A core aspect of our role is to directly engage with children and young people to ensure that their views are considered in decisions that will affect them. This engagement is facilitated through consultations, surveys, focus groups and other participatory methods. In particular, we focus on ensuring the inclusion of marginalised and vulnerable groups of children, who may face additional barriers to having their voices heard.

In addition, the Ombudsman for Children’s Office plays a critical role in shaping national policy and practice to align with children’s rights and best interests.[19] This involves providing independent advice and recommendations to the Government, public bodies, and other relevant stakeholders on legislative and policy matters that impact children. We regularly review draft legislation, participate in policy consultations, and provide expert input about the potential effects of proposed changes on children’s rights. Furthermore, we monitor Ireland’s compliance with international obligations, especially those set out in the Convention on the Rights of the Child. We prepare and submit reports to international bodies, such as the United Nations Committee on the Rights of the Child, to identify areas where Ireland is not fully meeting its commitments and recommend corrective actions[20].

Our advocacy work extends to promoting systemic changes that enhance the protection and promotion of children’s rights. This work is informed by our investigations, research and engagement with children. It involves calling for reforms in areas such as child protection, education, health and social services, as well as promoting the implementation of a rights-based approach across all sectors of government and public administration. We also guide and support public bodies, organisations and individuals working with or for children. This includes offering best practice guidelines, training and resources to help these entities better understand and fulfil their obligations under children’s rights legislation. By supporting a child-centred approach across all sectors, we aim to foster a culture of respect for children’s rights in all areas of public life.

The first ten years of the Ombudsman for Children’s Office: 2004 to 2014

As mentioned previously, the Ombudsman for Children’s Office was set up in the context of numerous child-protection scandals in Ireland, with the State recognising a need for a different approach in this area.

We began by prioritising the establishment of a strong knowledge base, which would inform and guide our work to deliver the best results for children. The research we commissioned during our first decade included baseline research on children’s rights in Ireland[21], with a focus on barriers preventing the full enjoyment of rights for children; and research related to separated children[22], children seeking asylum[23] and children in care[24]. Our key actions between 2004 and 2014 were as follows.

• Influencing changes in the justice system. We consulted young people (under the age of 18) who were imprisoned in St. Patrick’s Institution – a closed, medium-security prison managed by the Irish Prison Service, which held remand and sentenced young people between 16 and 21 years old. After the consultation, we published a report in 2010[25] to highlight the problems associated with the institution, which included inappropriate facilities for children and a problematic culture of custody. On 7 April 2017, the Tánaiste and Minister for Justice and Equality, Frances Fitzgerald TD, announced the closure of St. Patrick’s Institution. All children under 18 are now committed to Oberstown[26].
• Pushing for the recognition of children’s rights in the Irish Constitution. We repeatedly engaged with the State on inserting a provision on the rights of the child into the Irish Constitution. As previously noted, as far back as 1993 recommendations had been made for the explicit recognition of children’s rights in the Constitution in light of the State’s repeated failure to protect children at risk. Between 2004 and 2008, we submitted four reports to the Oireachtas[27] regarding a proposed constitutional amendment to recognise children’s rights[28]. We recommended that any provision inserted into the Constitution should be modelled on the rights of the child as enshrined in the Convention. In 2010, proposed wording was published by the Oireachtas Committee on the Constitutional Amendment on Children, and the referendum on Children’s rights was held and passed in 2012. This amended the Constitution and recognised the explicit constitutional rights of children.
• Holding public bodies accountable. We launched a systemic investigation into the implementation of Children First: The National Guidelines for the Protection and Welfare of Children. Our report on this set out 11 findings of unsound administration against the relevant public bodies and made 22 recommendations for improving the system[29]. In 2012, we published a follow-up report[30] examining the progress towards implementing these recommendations.
• Engaging with the United Nations Committee on the Rights of the Child. Our first report to the Committee, submitted in 2006[31], reflected on advances made in children’s rights since 1998, commented on new issues and outlined outstanding concerns. The report welcomed the development of the first national children’s strategy, the establishment of the National Children’s Office and the Office of the Minister for Children, the development of indicators of child wellbeing, and the establishment of an independent monitoring mechanism (the Ombudsman for Children). In addition, it focused on areas of concern highlighted by children and their families, on which the Ombudsman for Children’s Office had a unique perspective. These were the need for Constitutional change to ensure respect for children’s rights; child abuse; healthcare; education; disability; poverty; corporal punishment; juvenile justice; and separated children seeking asylum. The Committee on the Rights of the Child visited us to meet our Youth Advisory Panel, first established in 2005, and hear directly from children about what it is like to be a child in Ireland. In 2007, we also submitted a report to the Committee on the examination of Ireland’s first report under the Optional Protocol on the involvement of children in armed conflict[32].
• International reporting on children’s rights. We engaged in other international reporting mechanisms, submitting a report in 2011 for the twelfth session of the Working Group on Universal Periodic Review[33].
• Promoting children’s participation and ensuring that they are heard. We carried out rights education workshops for children, produced resource materials for schools on children’s rights, established a Youth Advisory Panel in 2005 to guide us in our work, and consulted with various vulnerable groups of children, such as separated children and children in care.
• Investigating complaints. In our first decade, we continued to examine and investigate complaints related to public bodies, with both the number and the complexity of complaints made to us increasing every year. Broadly, the most common complaints were related to education, health and housing.
• Advising on children’s rights in legislation. As part of our powers under section 7 of the Ombudsman for Children Act 2002, we submitted advice on numerous pieces of legislation to highlight the need for children’s rights to be recognised more comprehensively – in particular, relating to the importance of the best interests of the child and the voice of the child. Legislation commented on included the Criminal Law (Sexual offences) Bill 2006, the General Scheme of the Criminal Law (Trafficking in Persons and Sexual Offences) Bill 2006, the Immigration, Residence and Protection Bill 2008, the Adoption Bill 2009, the Child Care (Amendment) Bill 2009, the Health (Amendment) Bill 2010, and the Civil Partnership Bill 2009.

We worked diligently under pressure, with reduced staff numbers and somewhat limited resources, to fulfil the Office’s functions across the three main areas: complaints; participation and rights education; and policy, research and legislation. We continued to raise awareness of, and promote the importance of, children’s rights in the face of the global financial crisis of 2008 and the explosive findings of the Commission to Inquire into Child Abuse (the Ryan Commission) in 2009. In particular, the Ryan Commission’s report in 2009 laid bare decades of widespread neglect and abuse across a network of State-supported and Church-run institutions where children who complained of their abusive treatment were not listened to or believed[34]. “At best”, the fourth Commission report damningly observed, “abusers were moved, but nothing was done about the harm done to the child. At worst, the child was blamed and seen as corrupted by the sexual activity and was punished severely”^[35]. This in turn highlighted the importance of the Ombudsman for Children’s Office as an establishment working to promote and protect children’s rights in Ireland.

In addition, Tusla, the Child and Family agency, was established in 2014 as part of a major reform of the child protection and welfare system, and in response to the fact that a review of the Health Service Executive[36], which was responsible for children up to that point, did not make any mention of children whatsoever. This demonstrated that children in care and children with disabilities, some of the most vulnerable children in Ireland, were not considered as important by those with overall responsibility for their care. Ireland’s first national policy framework for children – Better Outcomes, Brighter Futures – was also published in 2014[37], and the first national framework for children’s participation in decision-making was published in 2015 (this, in fact, was a world first also).

The past ten years of the Ombudsman for Children’s Office: 2015 to 2025

In February 2015, I succeeded Emily Logan in the role of Ombudsman for Children. Our work up to 2017 was marked by two significant achievements that made a difference to two especially vulnerable groups of children: children living in direct provision, and children in contact with the justice system. Firstly, as a result of a recommendation made in the Working Group Report to Government on Improvements to the Protection Process (the McMahon Report)[38], in 2017 our remit was extended to receive complaints about the experience of children and families living in Direct Provision centres[39]. Secondly, in that same year, after over a hundred years of detaining children in adult prisons, the Irish Government ended that practice and all young people under 18 years old who are remanded or convicted for a criminal offence are now placed in Oberstown Children’s Detention Campus^[40].

Our work since 2016 has been shining a light on a wide range of children’s rights issues, with a focus on mental health, disability, homelessness, education and the challenges faced by children in Direct Provision and those in the Traveller and Roma communities[41]. Unforeseen events – including Brexit, the COVID-19 pandemic, and Russia’s invasion of Ukraine – and their impact on children’s rights have led to significant additional work in the last few years.

Research commissioned by the Office in recent years has focused on progressing children’s right to be heard through social and digital media in the context of public decision-making processes affecting them[42]; the barriers that children with disabilities in Ireland face to realise their rights[43]; and the avenues available for accessing citizenship in Ireland for children outside the European Economic Area[44]. Our key actions since 2015 are as follows.

• Responding to the UK’s vote for Brexit. With the Northern Ireland Commissioner for Children and Young People, we brought together young people, north and south of the border, who had not had any opportunity to have their views heard by those with influence in the Brexit negotiations. In a significant cross-border collaboration, a joint report was published in 2018^[45]. It represents the views of 120 young people from both sides of the island who came together at a conference to explore how Brexit could affect them. It outlines considerations and protections that should feed into decisions on areas such as education, child protection, freedom of movement, family life and health.
• Giving young people a platform for their stories. As part of World Children’s Day celebrations, since 2018 we have organised an educational speakers’ event called Child Talks. The main aim of this project is to elevate the voice of young people and provide a positive platform for all young people to tell stories that are personal to them.
• Empowering children with disabilities. We have developed a substantial body of work in the area of disability, focusing on the challenges faced by children with disabilities in Ireland. This includes the following reports: Unmet Needs, which set out the challenges experienced by children with disabilities who require an assessment of their needs[46]; Plan for Places, which highlighted the failure of the State to properly plan for the provision of school places for all children with Special Educational Needs[47] (and a two-year progress update on the issue in 2024[48]); and Nowhere to Turn, which focused on the lack of support and services for children with disabilities and their families[49]. In 2019 and 2022, we also hosted Beyond Limits, a landmark national event specifically designed to empower children and young people with disabilities and their families by focusing on the issues that were important to them, featuring the people they wanted to hear from, and providing information they asked for.
• Setting up a new Youth Advisory Panel. At the end of 2020 we established a new Youth Advisory Panel on a pilot basis to inform and advise the Ombudsman for Children’s Office on aspects of our work[50]. The new panel is now fully integrated into our organisational work model.
• Taking part in conferences and events organised by the European Network of Ombudspersons for Children. As a member of this network, we have contributed to its annual conferences and other events covering a myriad of children’s rights issues. These included ensuring a rights perspective for children in migration (2017); children and young people’s mental health (2018); children’s rights in the digital environment (2019); child rights impact assessments (2020); COVID-19: learning for the future (2021); children’s rights and climate justice (2022); the role of independent children’s rights institutions in the protection and promotion of the rights of the child (2023); and protecting and promoting the rights of children in alternative care (2024).
• Assessing the impact of COVID-19 measures on children’s rights. In 2020, we published a report on the views and experiences of children living in Direct Provision accommodation during the COVID-19 pandemic^[51]. Following on from a Direct Division report earlier that year that highlighted the experiences of these children^[52], we spoke to a small number of children in Direct Provision centres about what life was like for them during the first lockdown. In addition, nearly two years after schools across Ireland were closed as part of the first COVID-19 lockdown, we published a child rights impact assessment detailing the impact that the closures in 2020 and 2021 had on children’s rights[53]. Although these school closures affected all children, our impact assessment focused on five particularly vulnerable groups of children: children experiencing mental health difficulties, homeless children, children living in Direct Provision, children with disabilities, and Traveller and Roma children.
• Advising on legislation. To promote the rights of children, we engaged with government departments and Oireachtas committees on legislation including the general scheme of the Criminal Law (Sexual Offences) Bill 2014[54], the Education (Admission) to Schools Bill 2016[55], the general scheme of the International Protection Bill 2015[56], the general scheme of the Adoption (Information and Tracing) Bill 2015[57], the general scheme of the Mental Health (Amendment) Bill 2021[58], the review of the Equality Acts in 2021[59], the general scheme of the Child Care (Amendment) Bill 2023[60], and the provisions of the Health (Assisted Human Reproduction) Bill 2022[61]. We also made submissions to public bodies covering different policy areas affecting children’s rights, including the Housing Commission[62], Coimisiún na Meán (Ireland’s media regulator)[63], the Low Pay Commission[64], and the National Disability Authority[65].
• Reporting on the safety and welfare of children in Direct Provision. In 2023, we published a special report on the safety and welfare of children in Direct Provision[66]. This was the first time that a report of this kind was laid before the Oireachtas since the Ombudsman for Children’s Office was established in 2004. The Ombudsman published this report because we were not satisfied with the response to our 2021 investigation on Direct Provision[67] and we felt that the crisis-driven response being executed by the Government had made the situation worse for children living in State-provided accommodation. Since we published our first investigation into Direct Provision in 2021, an own-volition investigation into the quality of the oversight of these centres by the State, progress on the White Paper on Direct Provision has stalled.
• Highlighting the long delays for children waiting for scoliosis surgery. In 2023 we published Ivy’s Case[68], which highlighted the ongoing issues with delays for children waiting for scoliosis surgeries – something we first called attention to in 2017 in a report on the situation of children waiting for scoliosis treatment[69]. This report raised huge concerns about the serious violations of the rights of children waiting for scoliosis treatment. 

After I was reappointed as Ombudsman in 2021, an independent review of the Ombudsman for Children Act 2002, as amended, was carried out and reported on in 2022^[70]. The review envisages expanding the Ombudsman for Children’s Office’s powers in some areas, including extending our complaints remit to cover:

• young people over 18 who are detained in Oberstown, are in aftercare, or are still studying in secondary school;
• privately-run early childhood education and care and school-age childcare settings; and
• the administrative process leading up to making decisions concerning asylum, immigration, naturalisation and citizenship processes

We continued to engage with the Committee on the Rights of the Child’s periodic reporting process in 2015–2016 and in 2022–2023. In 2015, we reported that in spite of positive developments (such as the Constitutional amendment in 2012), the realisation of children’s rights in Ireland was still an unfinished project^[71]. In a complementary resource issued to the Committee – A Word from the Wise^[72] – we told the stories of children involved in complaints on issues ranging from homelessness to needing special accommodations to complete the Leaving Certificate exam.

In 2022, for the first time, we submitted together with our alternative report^[73] to the Committee a children’s report entitled Pieces of Us^[74], which gave voice to over 7,000 children who took part in a national online survey and in-depth focus group discussions. In September 2022, the Youth Advisory Panel travelled to Geneva to present and discuss the report with members of the Committee. Some of the areas of concern for the Committee included the mental health system for children in Ireland, the standard of living and increased poverty experienced by children in Ireland, and the many barriers that children in Ireland are facing in education.

In 2024, we made a submission to the Committee in response to its draft General Comment No. 27 on children’s rights to access to justice and effective remedies. Our submission focused on children’s understandings of justice and remedies, and the barriers preventing children from gaining access to justice and effective remedies in Ireland. It was informed by the views of the Youth Advisory Panel^[75].

We also continued to engage with the United Nations Human Rights Council Working Group on Universal Periodic Review during its twenty-fifth session^[76] in 2015 and its thirty-ninth session in 2021. In our submission to the Universal Periodic Review in 2021[77], we highlighted the need for child rights–based measures to ensure that children’s rights were being fulfilled to the maximum extent of the State’s available resources, given the significant challenges that the State was facing in mitigating the negative socio-economic effects of the COVID-19 pandemic.

For the first time, in 2024 we submitted an alternative report to the United Nations Committee on Economic, Social and Cultural Rights^[78]. Its purpose was to bring to the Committee’s attention the State’s progress and shortcomings in implementing children’s economic, social and cultural rights under the International Covenant on Economic, Social and Cultural Rights.

With recent developments in 2023 and 2024, Ireland has made further significant steps towards promoting and protecting children’s rights. These included the coming into operation of Coimisiún na Meán; the publication of the first programme plan for the Child Poverty and Well-Being Office established within the Taoiseach’s Office[79]; the publication by the Department of Children, Equality, Disability, Integration and Youth of the National Policy Framework for Children and Young People 2023–2028[80]; and the establishment of Cuan, the Domestic, Sexual and Gender-Based Violence agency.

However, while the State has made a commitment to children’s rights in principle, which is to be welcomed, in practice there remain significant difficulties that lead to violations of children’s rights. The Committee’s Concluding Observations published in 2023[81] raised a wide range of concerns, and made clear that extensive cross-sector reform is required to give effect to the Convention. They stressed that urgent measures must be taken by the State in six areas: non-discrimination, violence against children, mental health, standard of living, education, and child justice. Therefore, a key focus of our work in the years to come will be to ensure that the principles that inform children’s rights and the rights themselves are embedded in legislative and policy frameworks so that the State meets its obligations under the Convention on the Rights of the Child and delivers for children in Ireland.

 

Incorporating the United Nations Convention on the Rights of the Child in Ireland

Change for the better is welcome, but Ireland has room for further improvement.

In our most recent submission to the United Nations Committee on the Rights of the Child (in 2022), we highlighted actions that we would like to see the Irish State take to live up to its commitments under the Convention on the Rights of the Child[82]. Among these actions is to fully incorporate the Convention into Ireland’s domestic law.

Article 4 of the Convention requires the State to undertake all appropriate legislative, administrative and other measures for implementing the rights recognised in the Convention. This includes ensuring that the provisions of the Convention are given legal effect within the domestic legal system[83]. Although the Committee does not prescribe how States should incorporate the Convention, it does emphasise the important role of domestic legislation. The Committee has highlighted that, while including sections on the rights of the child in national constitutions helps to underline the key message of the Convention – that children alongside adults are holders of human rights – this inclusion does not automatically ensure that the rights of children are respected. To promote the full implementation of these rights, the Committee emphasises the importance of ensuring that: domestic law reflects the general principles and standards of the Convention; rights can be directly invoked before the courts; and, where there is a conflict with domestic legislation, the Convention’s provisions should prevail[84].

Although some of the principles and standards of the Convention on the Rights of the Child are reflected in Ireland’s Constitution and in some sectoral laws, the State has not fully incorporated the Convention into Irish law. The referendum in 2012, which introduced an article on children’s rights into the Irish Constitution, was a positive development that partly incorporated Articles 3 and 12 of the Convention. However, we have observed that some areas of legislation clearly lack a child rights–based approach, fall short of the standards set out in the Convention, or do not address children at all.

In each of its four reviews of Ireland since the country ratified the Convention on the Rights of the Child in 1992, the Committee has recommended that Ireland should fully incorporate the Convention into national legislation[85]. We too have made this recommendation in the alternative reports that we have submitted to the Committee since our establishment in 2004[86], as we believe that incorporating the Convention can bring about system-wide change for children and their rights. There are three reasons for this.

First, incorporation would give practical effect to Ireland’s recognition of children as rights-holders, which was first acknowledged a century ago when Ireland signed the 1924 Declaration of the Rights of the Child and was reaffirmed in Ireland’s ratification of the Convention in 1992. Research has found that in countries where the Convention has been incorporated into domestic law, children are perceived as rights-holders and there appears to be a culture of respect for children’s rights[87].

Second, full incorporation would mean that all the Convention’s provisions would have legal effect for children in Ireland. Ireland is a dualist state, so an international treaty like the United Nations Convention on the Rights of the Child can only become part of domestic law, and thus be relied on in the courts, when it is incorporated into national law by an act of the Oireachtas. Research has found that incorporation creates opportunities to use the Convention in legal action, with cases involving children successfully relying on the Convention in countries where it has been incorporated in a way that allows for direct enforcement[88].

Third, incorporation would lay the foundation for a range of measures to fully implement the Convention, ensuring that children’s rights are systematically considered in law-making, policy-making and decision-making on matters affecting them. According to research, children’s rights are better protected in countries that have given legal status to the Convention in a systematic way and then established the necessary systems to effectively support, monitor and enforce the implementation of the Convention[89].

For effective incorporation, the State needs to adopt what the Committee calls ‘general measures of implementation’. As well as getting the legal framework right, implementation of children’s rights requires:

• developing and implementing comprehensive national strategies that are rooted in the Convention;
• independent monitoring;
• comprehensive data collection;
• inter-agency coordination;
• child-friendly budgeting; and
• training to ensure that there is an understanding of children’s rights and how to apply a child rights–based approach to decision-making.

In 2023, Ireland’s new policy framework for children committed to providing a platform to realise the rights of children and establish an environment where the needs of children are central to everyone’s agenda[90]. Although the framework stops short of committing to incorporating the Convention on the Rights of the Child in Ireland, it commits to reviewing Irish legislation in relation to the provisions of the Convention[91]. This follows recommendations by the Committee in 2016[92], and again in 2023[93], that the State should assess the extent to which legislation affecting children complies with the Convention. At the end of 2023, the former Special Rapporteur on Child Protection prepared a paper examining how best to conduct such a review[94] and the work to review compliance of our laws with the Convention commenced in 2024.

Ireland has a role model to look to in Scotland when it comes to incorporating the Convention. The landmark adoption of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024[95], which was fully commenced in July 2024, provides a blueprint for countries worldwide that have ratified the Convention and committed to implementing children’s rights. In particular, the legislation:

• obliges public authorities to act in a way that is compatible with the Convention;
• provides for individuals to challenge the actions of public authorities if they are incompatible with the Convention, and gives the Commissioner for Children and Young People the power to bring or intervene in such proceedings;
• gives courts the power to decide if legislation is compatible with the Convention; and
• requires child rights impact assessments of proposed legislation and strategic decisions that will affect children.

Although the path to incorporation will require concerted commitment and effort across government, Scotland has shown that it can be done.

 

Conclusion

As we pause and reflect on the past 20 years of the Ombudsman for Children’s Office, we are certainly frustrated that many of the issues we have been raising for some time now are still unresolved. Over the last ten years, we have emphasised the same issues repeatedly, with no progress to show for it. Worse, on some issues, there has even been regression. It borders on exasperating that, in the breakdown of complaints that we investigate each year, so many issues tend to recur. In other words, concerns that we consider to be systematic in nature and deeply damaging to our children are not being addressed.

In many ways, Ireland is a wonderful place to be a child. It is one of the richest countries in the world, and many of our children live in happy, loving homes. Our systems – in education, health and other areas – appear to work efficiently and well for the vast majority of our young people, who thankfully grow up in environments where they can expect to live happy and fulfilled lives. However, these same systems function less well, or not at all, for those who, through circumstances not of their own making, are utterly dependent on them. For them, the State is not delivering the security and certainty that is critical to allowing these children to enjoy the full suite of rights which, in ratifying the Convention on the Rights of the Child, Ireland says are theirs.

Children’s issues are fighting for the Government’s attention at a time when there is a housing crisis, a cost-of-living crisis, an international protection crisis, and when every public service is under increasing pressure. These issues are all having an unquantifiable impact on children too, yet they are not necessarily seen as children’s issues. This separation of children from these core issues is protecting the State from having to properly fulfil its obligations to them – but those hardest hit by each of those crises are children.

Issues like war, migration, climate change, online safety, and artificial intelligence (AI) have also changed the reality of childhood for this generation. How children learn to cope and thrive within this new reality is unclear, and for children who are born into vulnerable situations things are even more uncertain.

As we look ahead to the next 20 years and the type of Ireland we want for our children, our Office will continue to push for children’s best interests to be placed at the heart of decisions that impact them.

Footnotes

[1] InQuest, 1924 Declaration of the Rights of the Child: Research Report Donated to the Ombudsman for Children’s Office (2016).

[2] For further information on the influence of the Catholic Church on Irish society post-independence, see, for example: J. H. Whyte, Church and State in Modern Ireland 1923–1979, 2nd ed. (Gill & Macmillan, 1980).

[3] Catherine McGuiness, Kilkenny Incest Investigation: Report presented to Mr Brendan Howlin T.D. Minister for Health by South Eastern Health Board (The Stationery Office, 1993).

[4] Helen Buckley and Caroline O’Nolan, An Examination of Recommendations from Inquiries into Events in Families and Their Interactions with State Services, and Their Impact on Policy and Practice (Government Publications, 2013), 8.

[5] McGuiness, Kilkenny Incest Investigation.

[6] K. Burns and C. McGregor, “Child Protection and Welfare Systems in Ireland: Continuities and Discontinuities of the Present,” in National Systems of Child Protection, ed. L. Merkel-Holguin, J. Fluke, and R. Krugman, vol 8, Child Maltreatment (Springer, 2019), 115–138.

[7] Child Care Act 1991 (Act No. 17/1991) (Ir.).

[8] See: Children’s Rights Alliance, The United Nations Convention on the Rights of the Child (2010), https://assets.gov.ie/23814/5339ee8c9c564b37969703db9781bc0d.pdf.

[9] UN Committee on the Rights of the Child, General Comment 5 on General Measures of Implementation of the Convention on the Rights of the Child, UN doc. CRC/GC/2003/5; UN Committee on the Rights of the Child, General Comment 2 on the Role of Independent National Human Rights Institutions in the Promotion and Protection of the Rights of the Child, UN doc. CRC/GC/2002/2.

[10] UN Committee on the Rights of the Child, Concluding Observations on Ireland’s Initial Report, UN doc. CRC/C/15/Add.85.

[11] Mary Seneviratne, “Ombudsmen for Children,” Journal of Social Welfare and Family Law 23, no. 2 (2001): 217.

[12] Ombudsman for Children Act 2002 (Act No. 22/2002) (Ir.).

[13] Ombudsman for Children’s Office, Annual Report 2005 (September 2006), 1, https://www.oco.ie/app/uploads/2006/09/AnnualReport2005.pdf.

[14] Ombudsman for Children’s Office, Annual Report 2005, 2.

[15] Ombudsman for Children Act 2002, § 8–9.

[16] Ombudsman for Children Act 2002, § 10.

[17] Ombudsman for Children Act 2002, § 13.

[18] Ombudsman for Children Act 2002, § 7 ¶ 1.

[19] Ombudsman for Children Act 2002, § 7 ¶ 1.

[20] See, for example: Ombudsman for Children’s Office, Report of the Ombudsman for Children’s Office to the UN Committee on the Rights of the Child Pursuant to the Combined Fifth and Sixth Reports Submitted by Ireland under the Simplified Reporting Procedure (2022), https://www.oco.ie/app/uploads/2022/09/Report-of-the-Ombudsman-for-Childrens-Office-to-the-UN-Committee-on-the-Rights-of-the-Child.pdf.

[21] Ombudsman for Children’s Office, Barriers to the Realisation of Children’s Rights in Ireland (2007).

[22] The Separated Children in Europe Programme defines separated children as “children under 18 years of age who are outside their country of origin and separated from both parents, or previous/legal customary primary care giver.” See: “Separated Children,” Separated Children in Europe Programme, https://www.separated-children-europe-programme.org/p/1/68/separated-children/.

[23] Ombudsman for Children’s Office, Separated Children Living in Ireland (2009).

[24] Ombudsman for Children’s Office, Education of Children in Care in Ireland: An Exploratory Study (2013).

[25] Ombudsman for Children’s Office, Young People in St. Patrick’s Institution (2011), https://www.oco.ie/app/uploads/2010/10/St-Pats-Report.pdf.

[26] Oberstown is a children’s detention campus for young people sentenced or remanded by the Courts.

[27] The Oireachtas is the Irish Parliament.

[28] See: Ombudsman for Children’s Office, Submission to the All-Party Oireachtas Committee on the Constitution (2005); Ombudsman for Children’s Office, Advice on the Proposed Referendum on Children’s Rights (2006); Ombudsman for Children’s Office, Report to the Oireachtas on the Twenty-Eighth Amendment of the Constitution Bill 2007 (March 2007), https://www.oco.ie/app/uploads/2007/03/ReporttwentyeighthamendmentofconstitutionMarch2007.pdf; Ombudsman for Children’s Office, Report to the Oireachtas on the Thirty-First Amendment of the Constitution (Children) Bill 2012 (October 2012), https://www.oco.ie/app/uploads/2012/10/Report-Oireachtas-31-Amendment-Children-Bill-2012.pdf.

[29] Ombudsman for Children’s Office, “Statement on Investigation into Implementation of Children First,” 15 February 2010, https://www.oco.ie/news/statement-investigation-implementation-children-first/.

[30] Ombudsman for Children’s Office, Review Report – Follow up on progress made in relation to the recommendations of the investigation into Children First: National Guidelines for the Protection and Welfare of Children (2012), https://www.oco.ie/app/uploads/2012/03/OCOChildrenFirstReview.pdf.

[31] Ombudsman for Children’s Office, Report to the UN Committee on the Rights of the Child on the Examination of Ireland’s Second Report to the Committee (2006), https://www.oco.ie/app/uploads/2006/04/ReportonexaminationofirelandssecondreportApril20061.pdf.

[32] Ombudsman for Children’s Office, Report on the Examination of Ireland’s First Report under the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict (2007).

[33] Ombudsman for Children’s Office, Submission for the Twelfth Session of the Working Group on Universal Periodic Review (2011).

[34] The Commission to Inquire into Child Abuse, The Commission Report, 5 vols. (2009).

[35] The Commission to Inquire into Child Abuse, Commission Report, vol. 4, chap. 6, 454.

[36] Before the Child and Family Agency Act 2013 came into force, the health board (the Health Service Executive) was responsible for child protection and welfare in Ireland.

[37] Department of Children, Equality, Disability, Integration and Youth, Better Outcomes Brighter Futures: The National Policy Framework for Children and Young People, 2014–2020 (The Stationery Office, 2014).

[38] Working Group to Report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, Final Report (June 2015).

[39] Direct Provision is the term used to describe the accommodation, food, money and medical services you get while your international protection application is being assessed or while you are an asylum seeker.

[40] Ombudsman for Children’s Office, Annual Report 2017 (2018), https://www.oco.ie/library/annual-report-2017/.

[41] See, for example: Ombudsman for Children’s Office, Strategic Plan 2016–2018 (2016); Ombudsman for Children’s Office, Strategic Plan 2019–2021 (2019); Ombudsman for Children’s Office, Strategic Plan 2022–2024 (2022).

[42] Ombudsman for Children’s Office, Digital Voices: Progressing Children’s Right to Be Heard Through Social and Digital Media (2021).

[43] Ombudsman for Children’s Office, Mind The Gap: Research on Barriers to the Realisation of Rights of Children with Disabilities in Ireland (2021).

[44] Ombudsman for Children’s Office, Pathways to Irish Citizenship: Separated, Stateless, Asylum Seeking and Undocumented Children (2020).

[45] Ombudsman for Children’s Office, It’s Our Brexit Too: Children’s Rights, Children’s Voices (2018).

[46] Ombudsman for Children’s Office, Unmet Needs: A Report on the Challenges Faced by Children in Ireland Who Require an Assessment of Their Needs (2020).

[47] Ombudsman for Children’s Office, Plan for Places – Forward Planning for the Provision of Schools Places for Children with Special Educational Needs: A Children’s Rights Issue (2022).

[48] Ombudsman for Children’s Office, Two Years On Plan for Places (2024), https://www.oco.ie/library/two-years-on-plan-for-places-progress-update-on-forward-planning-for-the-provision-of-schools-places-for-children-with-special-educational-needs/.

[49] Ombudsman for Children’s Office, Nowhere to Turn – Children with Disabilities Left with No Support (2023).

[50] Ombudsman for Children’s Office, Annual Report 2021 (2022), https://www.oco.ie/library/annual-report-2021-resilience-tested/.

[51] Ombudsman for Children’s Office, Life in Lockdown: A Direct Provision Experience (2020).

[52] Ombudsman for Children’s Office, Direct Division Report (2020).

[53] Ombudsman for Children’s Office, Child Rights Impact Assessment – The Impact of School Closures on Children’s Rights in Ireland (2022).

[54] Ombudsman for Children’s Office, Advice of the Ombudsman for Children on the General Scheme of the Criminal Law (Sexual Offences) Bill 2014 (2015), https://www.oco.ie/app/uploads/2015/07/OCO-Advice-on-the-Criminal-Law-Sexual-Offences-Bill-2014.pdf.

[55] Ombudsman for Children’s Office, Advice of the Ombudsman for Children on the Education (Admission to Schools) Bill 2016 (2017), https://www.oco.ie/app/uploads/2017/04/Admission-Schools-2016-Submission.pdf.

[56] Ombudsman for Children’s Office, Initial Observations of the Ombudsman for Children on the General Scheme of the International Protection Bill 2015 (2015), https://www.oco.ie/app/uploads/2017/10/OmbudsmanforChildren_Submission_GSInternationalProtectionBill2015.pdf.

[57] Ombudsman for Children’s Office, Submission by the Ombudsman for Children on the General Scheme of the Adoption (Information and Tracing) Bill 2015 (2015), https://www.oco.ie/app/uploads/2015/11/Submission-by-the-Ombudsman-for-Children-on-the-General-Scheme-of-the-Adoption-Information-and-Tracing-Bill-2015.pdf.

[58] Ombudsman for Children’s Office, General Scheme of the Mental Health Amendment Bill 2021: Observations by the Ombudsman for Children’s Office (2021), https://www.oco.ie/app/uploads/2021/12/OCO_Observations_General-Scheme-of-the-Mental-Health-Amendment-Bill-2021_Dec2021.pdf.

[59] Ombudsman for Children’s Office, Department of Children, Equality, Disability, Integration and Youth: Consultation on the Review of the Equality Acts – Submission by the Ombudsman for Children’s Office (2021), https://www.oco.ie/app/uploads/2021/12/OCO_Final_Submission_2021_Review_of_Equality_Acts.pdf.

[60] Ombudsman for Children’s Office, General Scheme of the Child Care (Amendment) Bill 2023: Observations by the Ombudsman for Children’s Office (2023), https://www.oco.ie/app/uploads/2023/06/OCO_JC-Children_Obs-GS-Child-Care-Amendment-Bill-2023_16June2023.pdf.

[61] Ombudsman for Children’s Office, Provisions of the Health (Assisted Human Reproduction) Bill 2022 Relating to Surrogacy: Observations of the Ombudsman for Children’s Office (2022), https://www.oco.ie/app/uploads/2022/05/OCO-observations-Health-Assisted-Human-Reproduction-Bill-2022-surrogacy.pdf. We followed up on this submission in 2024: Ombudsman for Children’s Office, Health (Assisted Human Reproduction) Bill 2022: Follow-Up Observations by the Ombudsman for Children’s Office (2024), https://www.oco.ie/app/uploads/2024/05/Ombudsman-for-Childrens-Office-follow-up-observations-on-the-Health-Assisted-Human-Reproduction-Bill-2022.pdf.

[62] Ombudsman for Children’s Office, The Housing Commission: Public Consultation on a Referendum on Housing in Ireland – Submission by the Ombudsman for Children’s Office (2022), https://www.oco.ie/app/uploads/2022/09/OCO-submission-to-the-Housing-Commission-public-consultation-referendum-on-housing-260822.pdf.

[63] Ombudsman for Children’s Office, Coimisiún na Meán Call for Inputs on an Online Safety Code for Video-Sharing Platform Services: Submission by the Ombudsman for Children’s Office (2023), https://www.oco.ie/app/uploads/2023/09/Ombudsman-for-Childrens-Office-submission-to-Coimisiun-na-Mean-Call-for-Inputs-4-September-2023.pdf; and Ombudsman for Children’s Office, Coimisiún na Meán Consultation on the Draft Online Safety Code and Statutory Guidance Material: Observations of the Ombudsman for Children’s Office (2024), https://www.oco.ie/app/uploads/2024/02/Ombudsman-for-Childrens-Office-observations-on-Coimisiun-na-Mean-draft-online-safety-code-and-statutory-guidance-31-Jan-24.pdf.

[64] Ombudsman for Children’s Office, Low Pay Commission: Examination of Retaining or Removing the Sub-Minimum Rates of the National Minimum Wage – Submission by the Ombudsman for Children’s Office (2023), https://www.oco.ie/app/uploads/2023/08/Submission-by-the-Ombudsman-for-Childrens-Office-to-the-Low-Pay-Commission-July-2023.pdf.

[65] Ombudsman for Children’s Office, Department of Children, Equality, Disability, Integration and Youth and National Disability Authority Consultation on the new National Disability Strategy – Submission by the Ombudsman for Children’s Office (2024), https://www.oco.ie/app/uploads/2024/02/Ombudsman-for-Childrens-Office-submission-on-the-National-Disability-Strategy.pdf.

[66] Ombudsman for Children’s Office, OCO Special Report on Safety and Welfare of Children in Direct Provision (2023), https://www.oco.ie/library/oco-special-report-on-safety-and-welfare-of-children-in-direct-provision.

[67] Ombudsman for Children’s Office, Safety and Welfare of Children in Direct Provision – An Investigation by the Ombudsman for Children’s Office (2021).

[68] Ombudsman for Children’s Office, Scoliosis Treatment for Ivy (2023).

[69] Ombudsman for Children’s Office, Waiting for Scoliosis: A Children’s Rights Issue (2017).

[70] Ombudsman for Children’s Office, Review of the Ombudsman for Children Act 2022 (2022). Work to progress recommendations in the report began in 2023.

[71] Ombudsman for Children’s Office, Report to the UN Committee on the Rights of the Child on the Examination of Ireland’s Consolidated Third and Fourth Report to the Committee (2015), https://www.oco.ie/app/uploads/2017/09/OCO_AltReportUNCRC_2015.pdf.

[72] Ombudsman for Children’s Office, A Word from the Wise (2015), https://www.oco.ie/library/a-word-from-the-wise/.

[73] Ombudsman for Children’s Office, Report to the UN Committee on the Rights of the Child Pursuant to the Combined Fifth and Sixth Reports.

[74] Ombudsman for Children’s Office, Pieces of Us: A Children’s Report to the UN Committee on the Rights of the Child (2022), https://www.oco.ie/pieces-of-us/.

[75] Ombudsman for Children’s Office, Submission to the UNCRC on General Comment 27 Children’s Rights to Access to Justice and Effective Remedies (2024).

[76] Ombudsman for Children’s Office, Submission for the Twenty-Fifth Session of the Working Group on Universal Periodic Review (2015).

[77] Ombudsman for Children’s Office, Submission to the Thirty-Ninth Session of the Universal Periodic Review Working Group (2021).

[78] Ombudsman for Children’s Office, Report to the UN Committee on Economic, Social and Cultural Rights Pursuant to the Fourth Periodic Report Submitted by Ireland (2024).

[79] “Child Poverty and Well-Being Programme Office,” Department of the Taoiseach, 2023, https://www.gov.ie/en/campaigns/7c189-child-poverty-and-well-being-programme-office/.

[80] Department of Children, Equality, Disability, Integration and Youth, Young Ireland: The National Policy Framework for Children and Young People 2023–2028 (Government of Ireland, 2023).

[81] UN Committee on the Rights of the Child, Concluding Observations on the Combined Fifth and Sixth Periodic Reports of Ireland (2023), UN doc. CRC/C/IRL/CO/5-6.

[82] Ombudsman for Children’s Office, Report to the UN Committee on the Rights of the Child Pursuant to the Combined Fifth and Sixth Reports.

[83] CRC/GC/2003/5, ¶ 19.

[84] CRC/GC/2003/5, ¶ 22.

[85] CRC/C/15/Add.85, ¶ 25; UN Committee on the Rights of the Child, Concluding Observations: Ireland, UN doc. CRC/C/IRL/CO/2, ¶ 8-9; UN Committee on the Rights of the Child, Concluding Observations on the Combined Third and Fourth Periodic Reports of Ireland, UN doc. CRC/C/IRL/CO/3-4, ¶ 8-9; CRC/C/IRL/CO/5-6, ¶ 6.

[86] Ombudsman for Children’s Office, Report to the UN Committee on the Rights of the Child on the Examination of Ireland’s Second Report, 10; Ombudsman for Children’s Office, Report to the UN Committee on the Rights of the Child on the Examination of Ireland’s consolidated Third and Fourth Report, 3; Ombudsman for Children’s Office, Report to the UN Committee on the Rights of the Child Pursuant to the Combined Fifth and Sixth Reports, 9.

[87] Simon Hoffman, “The UN Convention on the Rights of the Child, Decentralisation and Legislative Integration: A Case Study from Wales,” International Journal of Human Rights 23, no. 3 (January 2019): 374–391.

[88] Laura Lundy, Ursula Kilkelly and Bronagh Byrne, “Incorporation of the United Nations Convention on the Rights of the Child in Law: A Comparative Review,” International Journal of Children’s Rights 21, no. 3 (2013): 442–463.

[89] Lundy, Kilkelly and Byrne, “Incorporation of the United Nations Convention,” 13; Ursula Kilkelly, “The UN Convention on the Rights of the Child: Incremental and Transformative Approaches to Legal Implementation,” International Journal of Human Rights 23, no. 3 (2019): 323–337.

[90] Department of Children, Equality, Disability, Integration and Youth, National Policy Framework for Children and Young People.

[91] Department of Children, Equality, Disability, Integration and Youth, National Policy Framework for Children and Young People, 32.

[92] CRC/C/IRL/CO/3-4, ¶ 11.

[93] CRC/C/IRL/CO/5-6, ¶ 6.

[94] Conor O’Mahony, Annual Report of the Special Rapporteur on Child Protection 2022 (n.p., 2023), https://www.gov.ie/pdf/?file=https://assets.gov.ie/242675/ae5ade7f-2c30-45b2-942c-1a2fc87847b8.pdf#page=null.

[95] United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (ASP 1).