A Critical Analysis of the Thirty First Amendments to the Constitution

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A Critical Analysis of the Thirty First Amendments to the Constitution Introduction In November 2012, a proposal to insert a new article into the Constitution was put before the people of Ireland. The new amendment is specific to children’s rights and proposes to extend and strengthen current provisions in the Constitution concerning these rights. The foundation for the Children’s Rights Referendum is from a number of different sources. In addition, the bill was passed by the Oireachtas and approved by a majority vote at referendum. Nonetheless, the bill has not yet been signed into law, pending the legal outcome of a challenge to the validity of the constitutional referendum. Moreover, if the bill is signed into law, Article 42.5 of…show more content…
The structure of Article 42A is as follows. Article 42A 1.The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights. 2.1° In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child. 2° Provision shall be made by law for the adoption of any child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child and where the best interests of the child so require. 3. Provision shall be made by law for the voluntary placement for adoption and the adoption of any child. 4. 1° Provision shall be made by law that in the resolution of all proceedings— i. brought by the State, as guardian of the common good, for the purpose of preventing the safety and welfare of any child from being prejudicially affected, or ii. concerning the adoption, guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount

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