UN Convention on the Rights of the Child

Questions asked in the Dáil by Ciarán - Other

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25 October 2005	Health & Children	UN Convention on the Rights of the Child

Ciarán Cuffe asked the Tánaiste and Minister for Health and Children her plans to transpose the rights enshrined in the United Nations Convention on the Rights of the Child into Irish law.

Minister of State at the Department of Health and Children: Ireland ratified the UNCRC without reservation on 21 September 1992. The convention entered into force for Ireland on 21 October 1992. Similar to other common law countries, Ireland has a “dualist” system under which international agreements to which Ireland becomes a party are not automatically incorporated into domestic law. Article 29.3 of the Constitution of Ireland states: “Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.” Article 29.6 of the Constitution of Ireland provides: “No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas.” These constitutional provisions have been interpreted as precluding the Irish courts from giving effect to an international agreement if it is contrary to domestic law or grants rights or imposes obligations additional to those of domestic law. Consequently, whereas Ireland has ratified the UNCRC, the convention did not thereby automatically become part of Irish law. There are no plans at present to transpose the convention into Irish law.

Ciarán Cuffe is a TD for the Dún Laoghaire Dáil Constituency. Ciarán can be contacted at Dáil Éireann, Kildare Street, Dublin 2 or 96 Patrick Street, Dún Laoghaire Tel. 284 6060 or 618 3082, Fax 618 4341, Email Ciaran CiaranCuffe.com