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[25Â February 2008] - The commissioner for human rights with the Council of Europe, Thomas Hammarberg, will recommend that Ireland use the upcoming referendum on child protection to introduce express rights for children.
Hammarberg visited Ireland last November to conduct a review of human rights policy and is due to issue a report next month. It is understood that he has informed a number of interested parties, including the office of the Ombudsman for Children, Emily Logan, of his intention to make the proposal. In a letter attached to Logan’s submission to the Joint Oireachtas Committee on the proposed wording for the referendum, Hammarberg said it was ‘‘essential that this opportunity be taken’’ to enshrine the rights of children in the constitution.  Logan has also proposed that the forthcoming referendum relating to child protection contain an express statement on child rights. The proposed referendum has arisen following concerns that minors may be exposed to sexual abuse arising from a Supreme Court decision last year, which allowed an accused person to claim mistaken belief as to a victim’s age. Several parties, including Logan, believe that the referendum should be broader and that it should contain an expression of rights for children. Logan’s call to provide a broader statement of express rights brought her into conflict with Fine Gael’s Alan Shatter in recent weeks. Shatter, who is a member of the Joint Oireachtas Committee which is examining possible wording for the planned referendum, argued that this would delay plans to close the apparent loophole, which allows those accused of having sex with a minor to claim mistake as to the victim’s age. Hammarberg’s human rights review focused mainly on children’s rights, juvenile justice, migrants’ and women’s rights, treatment of asylum seekers and the situation of Travellers. During his five-day visit to Ireland, he met Taoiseach Bertie Ahern and government ministers, as well as the Garda Commissioner and senior judges.