Rights of the Child and the Childcare - Essay Example

Children, because of their innocence and inability to defend themselves, are perennial victims of abuses and maltreatment. Irresponsible and opportunistic parents, teachers, and other adults can easily abuse and offend children, infringing their rights as humans and as children. UN and Children Rights According to the United Nations Convention on the Rights of the Child, the United Nations in the Universal Declaration of Human Rights 'has proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind (Preamble). This includes the rights of children, who are defined by the Convention generally human beings below eighteen years old (Article 1). Being young human beings, children cannot and are not allowed to acquire certain rights that adult humans enjoy. Due to their premature and underdeveloped intellectual, emotional, social, and spiritual faculties, they are not permitted by laws to vote, to marry, to engage in sex, etc. that only fully developed humans are able to responsibly do. It is because of children's limited power that critics question the capacity of children to have rights. Advocates of the will and interest theory of rights argue that a right are protected choices that only those who are capable of exercising can enjoy (Archard). But, in response to will theorists, it is also due to children's limited power that spurred the need to give them a set of special set of rights distinguished from adults. The Universal Declaration of Human Rights proclaims that 'childhood is entitled to special care and assistance (Article 25).' This has entitled them to enjoy a new set of rights that the government of UN member countries should uphold and protect. This is what the United Nations Convention on the Rights of the Child contains. Child Abuse as a Violation of Children's Rights One of the primary violations of children's rights is child abuse. According to helpguide.org child abuse 'consists of any act, or failure to act, that endangers a child's physical or emotional health and development.' It may fall under any of the four types: physical abuse, sexual abuse, emotional abuse, and neglect (Barnardos). This means that abuses can stem out of doing an offensive act and/or deprivation of any obligations of parents and other adults to a child. Children suffering from these may experience serious negative effects that would largely impair the growth of an abused child. Low self-esteem, depression and anxiety, injury, criminal and anti-social behaviour, delinquency, or even death could from these. Protecting children from impaired development of their faculties provides them the need for a different set of rights that adults should respect. Call for Constitutional Change in Ireland The British Broadcasting Company, in 18 September 1999, had exposed 'a torrent of child abuse allegations in Ireland.' The Christian Brothers religious order, accused of mistreating children in its custody' had been investigated because of 'sexual abuse, deprivation and gross injustice' to children. This case is a part of Ireland's failure to respect the rights of its children as stipulated in the UN Convention on the Rights of the Child, which it ratified in 1992. According to Barnardos, there were 6,188 complaints regarding child abuse was made in 2004. Of these, 1,425 were proven, 363 unsubstantiated, and 3,557 still unresolved. Another incident of the infringement of children's rights was published in International Herald Tribune on 3 December 2006. The news was about a controversial Ireland's Supreme Court ruling on the custody of a girl named Baby Ann has raised another furore on the Irish government's treatment on children rights. The Irish constitution's 'invisibility of children' has been exposed as the Supreme Court decided that Baby Ann should be returned to her biological parents after the withdrawal of the birth mother's consent months after she placed the child under adoption. Though family was given the 'superior' rights to the family, yet, according to legal experts, it has vague and indefinite statements about it, failing it to protect children's and even parental rights. These and many other cases of the Irish government's previous failure to comply with the Convention compelled the UN Committee on the Rights of the Child to publish two recommendation letters (1998 & 2006) to the Irish government. Last 9 January 2007 the Children's Rights Alliance, a non-government organization, called for a constitutional change to protect Irish children from abuse. The group upheld the principles that, they deem, will improve the advocacy children rights in Ireland. Expression of the Rights of Children should be found in their amendment according to the recommendation as well as the children's equality and non-discrimination, their best interests, right to be heard, respect for societal position and authority of parents and the family, right to family life and continuity of care, protection from abuse, duty of the state to intervene in upholding their rights, their adoption by marital families, right to identity. Irish Government's Actions On a positive light, the Irish government was active in responding to the prominent child abuse issues. On the BBC's report, in that same year 1999, The Taoiseach, Mr. Bertie Ahern T.D. created a commission to inquire into child abuse. This became the Commission to Inquire into Child Abuse, officially enacted on 16 April 2000. It has three primary functions: to listen to victims of child abuse in a sympathetic forum; to fully investigate their cases, and to publish a report on its findings to the public. The UN Committee still realized the need to curtail the further growth of child abuse cases by recommending a constitutional amendment to thoroughly address a legal solution to the chronic problems in children rights infringement. Last 16 February 2007 the Houses of the Oireachtas formally published the 28th Amendment of the Constitution Bill 2007. According to the speech of the Taoiseach, Mr. Bertie Ahern T.D., this bill attempts to clarify the vagueness of Irish constitution especially on child adoption, custody, and guardianship issues. It will allow the Oireachtas to ratify laws to protect children from abuse. By allowing the exchange of "soft information" about suspected child abusers and permit the Oireachtas 'to implement for offences of strict or absolute liability in respect of children.' The referendum, if passed would enhance children's rights under the Irish constitution. Aside from the provisions stated above the amendment will also give the State power to deal with 'cases of neglect or abuse of children of a married couple,' which the current constitution prohibits. Works Cited Ahern, Bertie T.D. 'Speech on the publication of the 28th Amendment of the Constitution Bill 2007.' Press Center, Government Buildings, Dublin. 19 Feb. 2007. Department of the Taoiseach. 01 Mar. 2007. Archard. David William. 'Children's Rights.' 13 Oct. 2006. Stanford Encyclopaedia of Philosophy. 01 Mar. 2007. Barnardos. 'Extent of Child Abuse in Ireland.' 13 Sep. 2006. Barnardos.com. 01 Mar. 2007. BBC News. 'Investigating child abuse in Ireland.' 18 Sep. 1999. British Broadcasting Company. 01 Mar. 2007. . Children's Rights Alliance. 'Children's Rights Alliance Consultation Calls for Constitutional Change.' Dublin: Children's Right Alliance. 09. Jan. 2007. De Benedictis, Tina, Jaffe, Jaelline, and Jeanne Segal. 'Child Abuse: Types, Signs, Symptoms, Causes and Help. 31 Jan. 2007. Helpguide. 01 Mar. 2007. Doyle, Paddy. 'A History of Neglect.' 2003. The God Squad. 01 Mar. 2007. . Hennessy, Mark. 'Taoiseach to forge ahead with children's rights Bill.' 20 Feb. 2007. The Irish Times. 01 Mar. 2007 Read More