Children's rights in Ireland - Law policy and practice' (Tottel Publishing, 2008) Dr Ursula Kilkelly

• Author: Peter Smithwick
• Position: Former President of the District Court
• Pages: 189-191

2009] Book Review: “Children’s Rights in Ireland” 189

BOOK REVIEW

“CHILDREN’S RIGHTS IN IRELAND –

LAW POLICY AND PRACTICE”

(Tottel Publishing, 2008)

Dr Ursula Kilkelly

PETER SMITHWICK

Dr Kilkelly’s book is a comprehensive study of children’s

rights in Ireland, and examines in commendable detail all the

relevant law on the topic. This includes our own constitution,

all international conventions and associated instruments, our own

case law, that of other jurisdictions and of the European Court of

Human Rights and the European Court of Justice, and our own

legislation and government initiatives.

The author concludes that “the infrastructure necessary to

underpin effective protection of children’s rights in Ireland is

largely missing”. She blames the absence of independent rights

for children in the Constitution, particularly their right to a say in

their lives. She seeks a shift away from the paternalistic approach,

whereby adults know best, to the recognition that children are

rights-holders with a right to a say in their lives. She emphasises,

indeed she labours, this point in considering it from various

aspects. First in considering the law of other countries, where she

cites with approval the decision of the Canadian Supreme Court

in Baker v. Canada1 in holding that the Immigration Officer did

not adequately consider the best interests of the children.

In considering our own constitutional law, she criticises the

overwhelming majority of the jurisprudence as ignoring or

underplaying children’s rights when they come into conflict with

those of the parents. She contrasts unfavourably the decisions of

Geoghegan J. and Hardiman J. in the Baby Ann case2 where the

Supreme Court returned a child from her adoptive parents after

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 Former President of the District Court.

1 [1999] 2 S.C.R. 817

2 N. v. Health Service Executive [2006] IESC 60.