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Barriers to the Realisation
o\ue001 Children\u2019s Rights in Ireland
by Dr Ursula Kilkelly, Senior Lecturer, Faculty o\ue001 Law, University College Cork
Commissioned by the Ombudsman \ue001or Children
2
3

I am very grate\ue001ul to the Ombudsman \ue001or Children\u2019s O\ue001\ue000ce, and to Emily Logan and
Sophie Magennis in particular, \ue001or the opportunity to undertake this ambitious project.
The O\ue001\ue000ce gave me every support towards its completion and I am grate\ue001ul to all the sta\ue001\ue001
\ue001or their assistance and input throughout.

This research could not have been undertaken without the research assistance, support and commitment o\ue001 Aisling Parkes o\ue001 the Faculty o\ue001 Law, UCC. As always, I am grate\ue001ul \ue001or the support o\ue001 the Dean and all my colleagues at the Faculty o\ue001 Law, UCC.

Many people who work with and \ue001or children and young people gave willingly o\ue001 their
time to allow me to understand the problems \ue001aced by children and their \ue001amilies and the
obstacles that underlie these di\ue001\ue000culties. I am particularly grate\ue001ul to Mary O\u2019Connor,
Children in Hospital (Ireland); Maria Corbett, Children\u2019s Rights Alliance; Dr Jean Whyte
and Dr Helen Buckley, Children\u2019s Research Centre, Trinity College Dublin; Paul Downes,
DCU; Trish Ryan, Principal Clinical Psychologist, St Brendan\u2019s Hospital, Dublin; Kerry
O\u2019Leary, CADIC Coalition; Rosaleen McElvaney, School o\ue001 Psychology, Trinity College
Dublin; Yvonne Kenny and Deirbhile Nic Craith, INTO; Fiona McGaughey, National
Consultative Committee on Racism and Interculturalism; Peter O\u2019Mahony and Grainne
Carley, Irish Re\ue001ugee Council; Dr Angela Veale, Department o\ue001 Applied Psychology,
UCC; Jackie Atkinson, La Leche League; Frances Fitzgerald, TD; John Mark McCa\ue001\ue001erty,
St Vincent de Paul; Jane Beatty, OPEN; The Mounttown Neighbourhood Project; June
Tinsley, Norah Gibbons and Freda McKittrick, Barnardos; National Children\u2019s Nurseries
Association; Maria Ingle, The National Association \ue001or Parent Support; Patricia Murray,
Childminding Ireland; Treoir; Kevin Lalor, DIT; Candy Murphy, ONE Family; Th\u00e9r\u00e8se
Ruane, Mayo Intercultural Action; Conor Farrell, ICTU; Moira Leydon, ASTI; Dr Dympna
Devine, UCD; Susan O\u2019Neill and Chris Murphy, CROSSCARE; Orla Tuohy, Li\ue001estart;
Dr Gr\u00e1inne Kelly, Senior Clinical Psychologist, North Kildare Child and Adolescent Mental
Health Service; Dr Shane Butler, Centre \ue001or Addition Studies, Trinity College Dublin; and
Dr Paul Ga\ue001\ue001ney, Senior Clinical Psychologist, HSE.

In addition, many organisations contributed material, data and publications to the research.
They are too numerous to mention individually but I am grate\ue001ul to them all.

Ursula Kilkelly
Cork
29 August 2007

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5
Introduction
9
Methodology
13
Part A: Multiple Barriers and Multiple Breaches
19
1.
Children in the Care System
21
2.
Children in the Criminal Justice System
26
3.
Traveller Children
28
4.
Immigrant and Asylum-Seeking Children
31
5.
Homeless Children
40
6.
Children Living in Poverty
43
7.
Children at Risk o\ue000 Abuse and Neglect
49
7.1Preventing Abuse and Neglect
49
7.2Responding to Abuse and Neglect
51
7.3Implementing Recommendations
55
Conclusions
59
Part B: General Barriers
61
1.
Invisibility o\ue000 Children
62
1.1Invisibility as a Barrier to Children\u2019s Rights
62
1.2Failure to Listen to Children\u2019s Views
63
1.2.1Moving Consultation into the Mainstream
63
1.2.2Lack o\ue000 Structures
64
1.2.3Lack o\ue000 Guidance, Advice and Technical Support
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1.2.4Lack o\ue000 Public Education and Awareness
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1.2.5Giving Views Due Weight \u2013 Avoiding Tokenism
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1.2.6Failure to Involve Children in Policy Implementation
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1.2.7Failure to Consult Vulnerable and Marginalised Children
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1.2.8Link bet ween Par ticipation
o\ue000 Young People and a Working Democracy
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1.2.9Par ticipation in Education
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1.2.10Participation in Health Care
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1.2.11Providing Leadership
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1.2.12Recommendations
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1.3Lack o\ue000 a Child Focus, a Rights Basis and Child Proofng
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1.3.1Lack o\ue000 Child Focus
70
1.3.2Lack o\ue000 a Rights Basis
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1.3.3Lack o\ue000 Child Proofng
73
1.4Inadequate Administrative and Political Struc tures
75
1.5Recommendations
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Barriers To The Realisation O\ue001 Children\u2019s Rights in Ireland

By Dr Ursula Kilkelly, Senior Lecturer, Faculty o\ue001 Law, University College Cork
Commissioned by the Ombudsman \ue001or Children
August 2007

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