Natural And Imprescriptible Rights Of A Child Essay

The child has natural and imprescriptible rights under Article 42.5, however these rights are not expressed and it is up to the courts to decide what these rights are depending on the case moreover this Article only permits state intervention in exceptional cases where the parent has failed in its duty towards the child.

In G v An Bord Uchtala the Supreme Court sought to elaborate the scope of the “natural and imprescriptible” rights of the child. The unmarried mother in this case sought the return of her child after she put the child up for adoption and was deemed to have failed her duty to her child and thus abandoned her rights as a mother.

The 1989 convention of the rights of Children acknowledges the rights of children, however Article 41 continues to act as a barrier to the implementation of the convention. Courts have emphasised that children born outside marriage have the same constitutional rights as children born to married parent, as established in Section 3 of the Status of Children Act 1987; the equal rights for all children whether born in or outside Marriage. Although it is not expressly mentioned in the constitution, this 1987 Act wanted children regardless of

In the decision Murray J and Murphy J found that although the parent’s decision was “unwise and disturbing” they did not fail in their duty to the child and it was their decision to make and not the State. Murray J stated that in order for the state to intervene there must be an immediate and fundamental threat to the capacity of the