{"id":2942,"date":"2025-04-24T11:48:57","date_gmt":"2025-04-24T09:48:57","guid":{"rendered":"https:\/\/www.okaju.lu\/?page_id=2942"},"modified":"2025-04-28T15:18:48","modified_gmt":"2025-04-28T13:18:48","slug":"childrens-rights-in-ireland-and-20-years-of-the-ombudsman-for-childrens-office-where-we-came-from-and-what-lies-ahead","status":"publish","type":"page","link":"https:\/\/www.okaju.lu\/en\/100-joer-kannerrechter\/childrens-rights-in-ireland-and-20-years-of-the-ombudsman-for-childrens-office-where-we-came-from-and-what-lies-ahead\/","title":{"rendered":"Children\u2019s rights in Ireland and 20 years of the Ombudsman for Children\u2019s Office: where we came from and what lies ahead"},"content":{"rendered":"\t\t
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Children\u2019s rights in Ireland and 20 years of the Ombudsman for Children\u2019s Office: where we came from and what lies ahead<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Niall Muldoon<\/h6>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Niall Muldoon est l\u2019Ombudsman for Children (D\u00e9fenseur des droits de l\u2019enfant) d\u2019Irlande. Psychologue du conseil et psychologue clinicien et conseiller, il a \u00e9t\u00e9 nomm\u00e9 en 2015 par le pr\u00e9sident irlandais Michael D. Higgins. En tant qu\u2019Ombudsman for Children, Niall s\u2019est attach\u00e9 \u00e0 cr\u00e9er une Irlande o\u00f9 les enfants et les jeunes sont activement entendus, en particulier les plus vuln\u00e9rables d\u2019entre eux.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Ireland\u2019s ratification of the United Nations Convention on the Rights of the Child <\/strong><\/p>\n

Ireland\u2019s road to recognising children\u2019s rights was a bumpy one, marked by a history of scandals and impacted by the Catholic Church\u2019s influence on Irish society. However, in the early twentieth century, Ireland\u2019s key political figures seemed to be taking a somewhat unified approach to recognising children as individual rights holders. This is evident from the State\u2019s endorsement of the 1924 Declaration of the Rights of the Child, also known as the Declaration of Geneva \u2013 the first international human rights document in history to specifically address children\u2019s rights.<\/p>\n

Notably, in 2015 an original copy of the Declaration was donated to Ireland\u2019s Ombudsman for Children\u2019s 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\u2019s 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]<\/sup><\/a>. Secondly, the Declaration that the Ombudsman for Children\u2019s 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 \u2013 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.<\/p>\n

However, the Declaration\u2019s 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 \u2013 and the protections provided \u2013 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]<\/a>.<\/p>\n

Throughout much of the twentieth century, Ireland\u2019s approach to children\u2019s 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]<\/sup><\/a>. The 1993 Kilkenny Incest Investigation, led by Judge Catherine McGuinness, shone a light on Ireland\u2019s failure to protect its children, and it was noted that \u201cin 1993, child protection played a very minor role in the business of central government and the health and social services\u201d[4]<\/sup><\/a>. 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]<\/sup><\/a>. 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.<\/p>\n

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\u2019s issues[6]<\/a>. 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\u2019s rights[7]<\/a>.<\/p>\n

Thus, prompted by consistent reports of the State\u2019s 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]<\/sup><\/a>, demonstrating a recognition of children\u2019s 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\u2019s 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\u2019s rights.<\/p>\n

Setting up the Ombudsman for Children\u2019s Office<\/strong><\/p>\n

The establishment of the Ombudsman for Children\u2019s Office in Ireland was shaped by the need for a dedicated institution to protect and promote the rights and welfare of children.<\/p>\n

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]<\/a>. By ratifying the Convention, Ireland became obliged to align its domestic policies with international standards and to demonstrate a commitment to upholding children\u2019s 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\u2019s 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\u2019s rights across all areas of public policy[10]<\/a>.<\/p>\n

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\u2019s office for children as early as in 1981[11]<\/a>. Such international models demonstrated the potential effectiveness of an independent ombudsman in safeguarding children\u2019s rights and influencing policy change.<\/p>\n

Against this backdrop of evolving societal attitudes, international obligations and legislative reforms, the Ombudsman for Children\u2019s Office was formally established in 2004 under the Ombudsman for Children Act 2002[12]<\/a>. 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.\u00a0Establishing the Ombudsman for Children\u2019s Office marked a significant step forward in protecting and promoting children\u2019s 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\u2019s voices are heard in matters that affect them and that their rights are upheld in all areas of public life.<\/p>\n

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:<\/p>\n

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. [\u2026] [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]<\/sup><\/a><\/p>\n

She continued: \u201cThe 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\u201d[14]<\/sup><\/a>.<\/p>\n

What the Ombudsman for Children\u2019s Office does<\/strong><\/p>\n

The Ombudsman for Children\u2019s Office has three main functions:<\/p>\n