Irish Family Law Essay Example for Free

Irish Family Law Essay Discuss some of the key provisions and principles of the United Nations Convention on the Rights of the child. Include an example of Irish law or police that complies /does not comply with the States obligations under the convention. Introduction This essay will look at some of the key provisions of the United Nations Convention on the Rights of the Child (UNCRC) and discuss Ireland’s progress in fulfilling their obligation under the UNCRC. The author will reflect briefly on the history of children’s rights in Ireland. The essay will consider what measures the state has taken to develop strategies and policies to improve the wellbeing of the children. Recent government initiatives will be explored will be explored to assess whether the UN Convention has been implemented into National Policy. The author will also consider the legal framework to gauge if Irish legislation as it stands today complies with the states obligations under the convention. Historical Perspective Attitudes towards children and their rights have changed dramatically in recent years; these changes have been slow to come about. Historically children were deemed the property of their parents and had no rights. In the late 1800’s, events abroad began to have an impact on attitudes if Ireland. The 1908 children’s act Britain and Ireland remained the main piece of legislation safeguarding children’s rights for almost one hundred years until the Irish Child Care Act 1991. The United Nations was set up in 1945 after the Second World War to promote peace and human rights. In 1989, it was decided that children needed a separate set of rights to ensure that children worldwide were nurtured, protected and allowed to enjoy childhood. In 1990, Ireland signed the United Nations Convention on the Rights of the Child and ratified it in September 1992 thereby committing the state to implementing the UNCRC. The UNCRC is based on four core principles, the best interest of the child, the right to life survival and development, respect for the views of the child and non-discrimination. Article 3.1 of UNCRC states ‘In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies the best interest of the child shall be a primary consideration’. Legislation The Child Care Act 1991 is the legislative framework in Ireland for promoting the welfare of the child. This legislation deals primarily with the protection of children in emergencies, or in care. The Childcare Act 1991 Part II, places a statutory onus the HSE to promote the welfare of children in need of care and protection. The 1991 Act also gave the HSE more power to provide childcare and family support services and while doing so must have regard to the following: ‘It is generally in the best interest of the child to be brought up in his or her own family. Having regard to the rights and duties of the parents, the welfare of the child is the first and paramount consideration and that as far as is practicable, the wishes of the child should be considered† (Childcare Act 1991). Part II of The childcare act implements the principle of the best interest of the child in law. The wording in part II of the childcare act would also appear to comply with Article 5 of the UNCRC requiring that ‘Governments respect the right of parents of provide for and care for their children’. Under the Irish Constitution, which is the fundamental law of the land, the family is based on the institution of marriage; only married parents have automatic rights to guardianship of their children. The rights of unmarried parents, in particular fathers are not considered under Irish law, consequently the rights of their children are being contravened. This is in contradiction with Article 18 of the UNCRC, which requires ‘State parties to recognise that both parties have equal responsibility for the care and development of their children. Article 7.1 states that the child †¦has the right to know and be cared for by his or her parents†, while Article 9 requires â€Å"state parties to ensure that a child will not be separated from his parents against the ir will†¦Ã¢â‚¬  UNCRC (1989). Irish law makes it impossible for many children to realise these rights. In the case of unmarried parents, only the mother has automatic right to guardianship. The father must have the consent of the mother or pursue his rights to guardianship through the courts. Article 41 and 42 of the Constitution provides protection for the family unit based on marriage; it does not give individual rights and is more about protecting the institution of marriage than the family. The children of unmarried parents are not afforded the same protection under Article 41 and 42. Under the Irish Constitution as it currently stands, Ireland is not compliant with the UN convention. The constitution, in many cases, denies children of unmarried parents the right to be cared for by both parents. Article 3 .3 of the UN Convention calls for all ‘services and facilities responsible for the care and protection of children to conform to the standards established by competent authorities’. UNCRC (1989) . In 2006 The Child Care (Pre-School Services) Regulations 1996 were revised and replaced by the Child Care (pre-school Services) (No 2) Regulations. The 2006 regulations are more child centred and focus on the health, welfare and development of the child. These regulations are the regulatory framework within which all-early years services must operate in Ireland. Through a vigorous system of inspection, compliance with the pre-school regulations is monitored by the HSE to ensure that all Early Years services meet the minimum standards required by law. The Child Care (Pre School Services) Regulations implement the UN Convention in Irish Law. National Policy Since Ireland ratified the UN Convention in 1992 there have been numerous changes in policy, showing the Irish Government’s commitment to implementing the UNCRC. In 1999, Children First National Guidelines for the Protection and Welfare of children was published by the Department of Health and Children. These guidelines highlight the importance of child welfare and are intended to provide a framework for all those who care for and work with children. Children First is based on the key principle that the best interest s of the child is paramount. These guidelines implement the best interest of the child and Article 19 of the UN Convention into National Policy. In 2006, the Committee on The Rights of The Child (CRC) recommended that Ireland review the Children First guidelines and consider putting them on a statutory basis CRC (2006). The guidelines were revised in 2011 to include new policy, legislation and organisation. at the time of the launch of the new guidelines in 2011, the government announced its intention to put the Children First Guidelines on statutory footing, it will then a legal requirement to report concerns regarding a threat a child’s welfare Nuig (2012). In 1997, the Irish Government made a commitment that a National Childcare Strategy would be developed and an expert working group on Childcare was charged with developing that strategy. Despite Ireland’s commitment to the UN Convention, prior to this there was no national policy on children. The National Children’s Strategy 2000-2010 set three National Goals: to listen to children, think more about what children need and act for children in a holistic sense National Children’s Strategy Our Children-Their Lives (2000). Finally, Ireland was moving towards implementing the UN Convention into National Policy. For the first time children were asked about what they thought they needed and what they would like see happen for them in the future in Ireland. This fulfilled the states obligation under Article 12 of the UN Convention, which requires that ‘State Parties shall assure to the child who is capable of forming his or her own view the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child’ UNCRC (1989). Two thousand five hundred children were involved in these consultations; their responses identified a need for more play and recreation opportunities National Children’s Strategy (2000). In response to these consultations and to honour the states commitment to the UN Convention Article 31 which requires state parties ‘to recognise the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child’ the government launched Ready, Steady, Play! A National Play Policy in 2004. The objectives of the National Play Policy were to give children a voice, to raise awareness of the importance of play and to improve and maximise the quality and safety of play areas particularly in disadvantaged areas National Play Policy (2004-2008). In 2009 Sà ­olta, the National Quality Framework and Aistear the Early Childhood Curriculum Framework were rolled out. Sà ­olta looks at quality provision and underpins the child’s right to have a voice, recommending that ‘each child has opportunities to make choices, is enabled to make decisions and has his /her choices and decisions respected’ CECDE (1999). Aistear promotes partnerships with parents and play NCCA (2009). Together with Regulation 5 of the Child Care (Pre School Services) (No.2) Regulations 2006 Sà ­olta and Aistear use the Whole Child Perspective to ensure the holistic development of the child while implementing the UN Convention into practice on a daily basis. It is evident that the Irish State is committed to implementing the UN Convention into Irish Law. The legislation introduced in recent years goes some way towards implementing children’s rights into law. In this authors opinion the main obstruction to Ireland’s compliance under the convention is the Irish constitution in its present form. All legislation is subject to the Constitution; therefore, any legislation introduced around child protection or welfare must be compatible with the Constitution. In 2006, the Committee on the rights of the child recommended that Ireland ‘takes further action to incorporate the Convention into domestic law’ CRC (2006). It is this author’s opinion that changes will have to be made to the constitution to separate the rights of the child from those of the family. Many of the policies such as The National Childcare Strategy, The National Play Policy and Children First all underpin the right of the child as outlined in UN Convention. However these policies take the form of guidelines or frameworks, they are not part of the legislation. Following the recommendations of the CRC (2006), it is hoped that the Children First Guidelines will be put on a statutory footing ensuring mandatory reporting of child neglect and abuse. This would help safeguard future generations of Irish children from neglect and abuse. Reference List †¢Centre for Early Childhood Development and Education (2006) Sà ­olta The National framework for Quality in Early Childhood Care and Education. Dublin: Centre for Early Childhood Development and Education. †¢Child Care Act 1991 †¢Department of Children and Youth Affairs (2011) Children First: National Guidelines for the Protection and Welfare of Children, Government Publication: Dublin Available at: http://WWW.dcya.gov.ie/documents/child_welfare_protection/children First.pdf †¢Ireland, Government of (1937) Bunreacht Na hÉireann, Constitution of Ireland. Dublin: Stationery Office. †¢Ireland, Government of (2000) National children’s Strategy, Dublin: The Stationery Office. †¢Ireland, Government of (2006) Child Care Pre-School Services NO 2 Regulations 2006 and child Care Pre-School Services No 2 Amendment Regulations 2006. Dublin: The Stationary Office. †¢National Council for Curriculum and Assessment, (2004) Aistear the Early Childhood Curriculum Framework. Dublin: National Council for Curriculum and Assessment. †¢National Play Policy (2004) Ready Steady Play! [Online]. Available at: http/www.dcya.gov.ie/documents/publications (Accessed 20 January 2012). †¢Nui Galway (2011) Quality Awareness in Early Learning, Galway: Nui Galway. †¢Nui Galway (2012) The Child and Family in Irish Law, Galway: Nui Galway. †¢UN committee on the rights of the Child (CRC) (2006) UN Committee on the Rights of the Child: Concluding Observations, Ireland, 29 September 2006, [Online] Available at: http:www.childrensrights.ie/resourcse.un-com (Accessed: 14 January 2012. †¢United Nations (1989) Convention of the Rights of the Child [Online].Available at: http//wwwcirp.org/library/ethics/UN-Convention/(Accessed: 17 January 2011)

Essays --

The world that I am growing up in is extremely different than the one that my parents grew up in, and a major reason for that is the advancements of the internet. The internet has gone from an unthinkable luxury to an everyday necessity. This advancement has changed the way we think, work, and act as humans. When thinking about specific ways that the internet has changed the world, the first thing that comes to mind is the way we receive information. Nowadays everything that you need to know is right there at your fingertips. Whether we need answers to history questions or a recipe for dinner tonight, the internet gives it to us. I see this as both a good and a bad thing for our society. I think that it’s good that we always have the necessary information in our hands in case there is a time that we do need some sort of information instantly. We will be able to get that instant information because the internet is right in front of us. However, I think that the more we make the internet available to younger kids, the more those kids will rely on the internet for all of their needs. This is a serious problem because we can’t be sure that the internet will always be there for us to use. What will happen when the internet goes out and nobody can figure out how to fix it? The pe ople that are too reliable on the internet will have problems functioning in real life. That is why the use of internet for kids needs to be monitored for assurance that they can survive without it. Another way that the internet has changed the world is the way that work gets done. I recently watched a movie that showed how the stock market worked before the internet existed. It was amazing to watch the time and focus it took for the stockbrokers to but in th... ...s and are now extremely successful in life. Seeing stories like this throughout the internet is a constant reminder to not give up on your dreams because they can come true. That is also one reason that America is such a powerful and innovative country. It’s because we have people that believe in their dreams and don’t stop until they become successful. Therefore, the internet helps in the success of the American people. No matter if you are an internet junkie or you can’t stand the thought of the internet, there is no denying that the internet has changed the world as we know it. It is up to us as the users of the internet to make sure that it is used for good. Too much of anything is not good for people and that is relatable to the internet. Too much internet can cause bad social habits that become unbreakable and will stunt social development for kids everywhere.

Barack Obama’s Policies on Globalisation Essay

Barack Obama born to a Kenyan Father and an American mother in the city of Hawaii, The Democratic Party presidential candidates has actually come up with Globalisation policies can actually be described in short has the best, and one of its kind. The Illinois senator globalisation policies actually seek to sort out some mess that has resulted from poor bilateral trade agreement that has many Americans workers to suffer. Many policies which are currently in place like the NAFTA agreement which has done more harms than good to the Americans people. Globalisation can be defined as an activity geared towards harmonizing or blending by which human beings are joined together to form a community, and they co exist together. It includes both the technological, political factors, socio – cultural factors. In a wider perspective globalisation can also be said to be economic globalisation that is mixing national economy with the with the international economy through investments directly to foreign, flows of capital, technology spread and lastly through trade. Barack Obama’s globalisation policies The target of Mr. Obama administration will be to make globalization be for the good of America and its citizen. Furman further noted that globalization is causing a lot of challenges although it is actually the source of the Economic strength of the country. (America). Despite the benefits of globalization being noted inequality and insecurity has actually continue to grow. (WWW. BBC. COM) According to Jason Furman the director of Obama’s economic policy, if Barrack Obama wins he will come up with an administration that will evade the US policies of trade, his administration will be designed to help the America’s to over come their sceptism that that is coming up on globalisation. Despite people expressing fears about his fealty to the current trade deals that he is planning to reorganise. For example North America Free Trade Agreement his going to be renegotiated so as to improve the life of the labour and to protect the environment. Furman further believes Obama is a free trader with full commitment towards the international trading. The public are suffering to the extend of the NAFTA; this has coasted the country millions of jobs. For international trade to be improved Obama’s administration will have to move away from the some trade policies but will still try to keep the World and the international trade rules. The Obama’s administration will try to recalibrate the country’s approach towards globalisation. This will be achieved through: amendment of the trade policies which will mainly focus on boosting the middle class investment, which he views as the Economic engine of the country. (Furman 2008) Obama will also try to restore the investment by the public in scientific research. He will boast the education of the middle class; he will also come up with the system of universal heath insurance. Mr. George Bush tax cuts will be eliminated so as to push for the, redistribution of the fiscal. (Furman 2008) Barack Obama will support the economy wide cap and the system of trade that will try to reduce the amount of carbon emitted because of the Climate change. He believes that the market mechanism has worked well and Consumers and business people who put in place effective and efficient measures to curb the climatic changes will be given incentives. If put in place it is expected to transform the economy of America particularly in rural areas, where the generation of renewable energy is expected to increase leading to the creation of jobs for millions of Americans. Farmers, ranch owners, forest owners who are going to put in place measures for grass restoration or measures that will take away carbon dioxide or any harmful gas from the atmosphere. (www. barrackobama. com) In energy sector Barrack Obama together with his running mate Joe Biden is planning to improve the energy sectors through coming up with measures that is aimed at streamlining the industry. Amongst the changes he his planning to come up with is: Obama is looking forward to providing a short stint relief to citizens facing the pump problems. Creating over five million jobs in the next ten years by putting over one hundred and sixty billion US dollars into investment, Saving more oils than the one to be imported in the next ten years using the current consumption rate, designing as car that will be manufactured in the country,. It will be designed such that it will be ton cover over one hundred and fifty miles using one gallon of petrol or diesel. By 2012 ten percent of the electricity will be generated from the renewable source. (www. barackobama. com) Obama also noticed with great concern that the high rise of the energy cost is affecting all the Americans families heavily to help curb this problem Obama is proposing: providing emergency measures immediately he takes over the presidency office, cutting the prices of fuel by swapping heavy and light crude (energy) by actually reliving oil from the reserve of the petroleum (www. barrackobama. com) America is facing two main challenges, these are: America over reliance on foreign oil and the continued climate change. All these are originating from the reliance on fossil fuel which emits a big percentage of carbon. To solve the problem of climate change which has caused rise in sea level, melting of ice caps, severe drought, changes in weather pattern, and extinction of some species of some animals and plants, Obama plans to: reduce the green house effects by reducing the gas emitted through implementation of trade and cap programme, he will ensure that America will be in the forefront in fighting the climatic changes. Obama’s Government will invest in future energy and to come up with over five million jobs for the Americans big percentage of . Revenues generated from issuing of permit or license of the Cap and trade will be invested into the energy sector, this will be aimed towards doing away with the on the reliance on fossil fuel and to champion the usage o a technology that emits a small carbon percentage. The investment will be mainly on: research, promotion of the new technology Obama is also looking forward towards encouraging automobiles companies to come up with vehicles that consume less fuel. (www. presidential debate. com) Obama’s government will increase tax from import coming from China if they don’t want to rude in dollars. This will increase the economy of the US because US dollar will be on high demand. Obama’s government will not just sign any trade agreement they will fast look at the impact the agreement is likely to have towards the America people. Tax code will be changed by Obama’s government by shutting down loopholes that are giving companies to shift their works abroad, this will include amongst them: tax benefit will be denied to America companies that will move abroad to avoid paying taxes to the America government. He plans to introduce corporation that is going to reward organizations that come up with quality jobs with incentives like paying a few tax. Obama’s government will encourage companies to allocate more than ninety percent of its manufacturing process in the country in the event that its goods and services are widely consumed in the country. Whatever profit they earned they will be encouraged to reinvest more than fifty percent in the country. Companies will also ensure that their workers have a good health care and standard health insurance that will be suitable for all the workers. They will also ensure that workers have a smart security during retirement. On Trade Obama’s government will reject any trade that makes only the people on top to be rich. A good trade should in corporate all the people. The goal of trade will be to work for its entire people. His government will reject CAFT because in CAFTA the workers needs have not been put into consideration. His Government will continue to conquer with the Peru Free trade agreement because in it the labor laws and the environment have been considered widely.In his Government globalization benefit will be spread by trade instead of implementing it when making the America workers to suffer. Reference: Luce. E. (2008):-Obama seeks to square circle on globalization:- Washington. Obama. B. (2002) :- my father’s dream:-Oxford publishers, page 12 WWW. BBC. COM(retrieved on 4th November 2008) WWW. CNN. COM(retrieved on 4th November 2008) WWW. BARACKOBAMA. COM (retrieved on November 2008) WWW. PRESIDENTIALDEBATE . COM (retrieved on 4th November 2008) WWW. The guardian. com (retrieved on 4th November 20008)

Charles Horton Cooley s Concept Of The Looking Glass Self

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