Children's Rights in Ireland
Law, Policy and Practice
2nd Edition
Will be published approx. on 25. June 2026
Book
Hardback
800 pages
978-1-5265-2940-4 (ISBN)
Description
This book provides a detailed up-to-date analysis of children's rights in Ireland, taking an international perspective to Irish law policy and practice. It looks at traditional areas of law and practice, including custody and access, adoption and child protection but also examines wider areas of child law such as education, child justice and healthcare. New contemporary themes in this edition include children and digital technology, refugee law and children's access to justice. Written by two leading authorities in this area, this new edition is long-awaited.
There have been significant developments in the area of child care law in the domestic legal system in recent years and there are major changes afoot, for example, reform of the guardian ad litem system in District Court child care proceedings, clarity in respect of the legal test in minor wardship, and in the near future an overhaul of the Child Care Act 1991 is expected.
Not only is this book a source of current law and analysis, it seeks to advance the development of Irish law from a children's rights perspective, outlining current law, policy and practice as it relates to children. It maps the legal landscape and highlights the key provisions and principles practitioners must navigate; no other book examines law and policy affecting children in such a comprehensive and detailed manner.
The interplay between the Irish legal order and international law principles is becoming increasingly relevant. This edition is unique in that it provides an in-depth analysis of the Irish courts' approach to international legal principles in this area and a guide for practitioners hoping to use international law principles to advance cases involving children in this jurisdiction.
This title is included in Bloomsbury Professional's Irish Child and Family Law online service.
There have been significant developments in the area of child care law in the domestic legal system in recent years and there are major changes afoot, for example, reform of the guardian ad litem system in District Court child care proceedings, clarity in respect of the legal test in minor wardship, and in the near future an overhaul of the Child Care Act 1991 is expected.
Not only is this book a source of current law and analysis, it seeks to advance the development of Irish law from a children's rights perspective, outlining current law, policy and practice as it relates to children. It maps the legal landscape and highlights the key provisions and principles practitioners must navigate; no other book examines law and policy affecting children in such a comprehensive and detailed manner.
The interplay between the Irish legal order and international law principles is becoming increasingly relevant. This edition is unique in that it provides an in-depth analysis of the Irish courts' approach to international legal principles in this area and a guide for practitioners hoping to use international law principles to advance cases involving children in this jurisdiction.
This title is included in Bloomsbury Professional's Irish Child and Family Law online service.
Reviews / Votes
Review of previous edition: Dr. Kilkelly's newest book, Children's Rights in Ireland: Law, Policy, and Practice, is a most useful and significant legal treatise of interest not only in Ireland but to readers in all English speaking nations. This book provides a thorough review of the historical evolution of the rights of children, relevant theories, case law, legislation, and a review of the current and growing influence of international law in the realm of children's legal rights. Highly recommend for all persons interested in the rights of children, and essential reading for legal scholars and practitioners working in this area of law. -- John Dayton, J.D., Ed. D., Professor and Co-Director * Education Law Consortium, University of Georgia *More details
Edition
2nd edition
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Dimensions
Height: 248 mm
Width: 156 mm
ISBN-13
978-1-5265-2940-4 (9781526529404)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Ursula Kilkelly is a Professor of Law at University College Cork and author of the first edition of this title. She has an international reputation in children's rights with a substantial scholarly profile and significant experience of inter-disciplinary research and international collaboration. Ursula is a Chartered Director with the Institute of Directors (London) having completed a Certificate and Diploma in Company Direction in 2021. She is a founder of the innovative Child Law Clinic, delivering remedies for the breach of children's rights in the European Court of Human Rights, the European Social Rights Committee, the Inter-American Court of Human Rights and the US courts. Ursula is a sought-after advisor to the Council of Europe, providing expert advice to the Children's Rights Division, the Committee for the Prevention of Torture, the Venice Commission and the Commissioner of Human Rights on standard setting and the implementation of human rights. She is Chair of the Oberstown Children Detention Campus Board of Management, Head of College of Business and Law, University College Cork (since 2013), Vice President of Global Engagement at University College Cork (from 2023) and Rotating Chair in the Enforcement of Children's Rights, Leiden University (2022/2023).
Lewis Mooney is a Barrister-at-Law, Law Library of Ireland and is also admitted as a Barrister-at-Law at the Bar of Northern Ireland. He practises in adoption law (appearing on behalf of, for example, the Adoption Authority of Ireland and respondent parents), child protection law (instructed by, for example, the Child and Family Agency, the Minister for Children, Equality, Disability, Integration and Youth, guardians ad litem, respondent parents and children under s.25, Child Care Act 1991), education law (instructed by, for example, children, parents, and the Minister for Education), disability law (instructed by children and parents), and mental health law (instructed by guardians ad litem, parents and the General Solicitor for Minors and Wards of Court). ? Other areas of practice include administrative and constitutional law, international human rights law, housing law, defamation/media law, data protection, insurance law, equality/discrimination law, and surrogacy law. Lewis has appeared in all of the Courts of Ireland as counsel - the Supreme Court (including on behalf of the Irish Human Rights and Equality Commission ("IHREC") as amicus curiae), the Court of Appeal, the High Court, the Circuit Court, and the District Court, as well as the European Court of Human Rights (including on behalf IHREC as a third party intervener), the Court of Justice of the European Union, inquiries pursuant to section 42 of the Garda Siochana Act 2005, and also the United Nations Committee Against Torture. He has lectured in family law and human rights law at the Law Society of Ireland and is the Lead Lecturer on the Advanced Diploma in Media and Social Media Law at the Law Library of Ireland. He was awarded the prestigious Catherine McGuinness Fellowship in 2018.
Lewis Mooney is a Barrister-at-Law, Law Library of Ireland and is also admitted as a Barrister-at-Law at the Bar of Northern Ireland. He practises in adoption law (appearing on behalf of, for example, the Adoption Authority of Ireland and respondent parents), child protection law (instructed by, for example, the Child and Family Agency, the Minister for Children, Equality, Disability, Integration and Youth, guardians ad litem, respondent parents and children under s.25, Child Care Act 1991), education law (instructed by, for example, children, parents, and the Minister for Education), disability law (instructed by children and parents), and mental health law (instructed by guardians ad litem, parents and the General Solicitor for Minors and Wards of Court). ? Other areas of practice include administrative and constitutional law, international human rights law, housing law, defamation/media law, data protection, insurance law, equality/discrimination law, and surrogacy law. Lewis has appeared in all of the Courts of Ireland as counsel - the Supreme Court (including on behalf of the Irish Human Rights and Equality Commission ("IHREC") as amicus curiae), the Court of Appeal, the High Court, the Circuit Court, and the District Court, as well as the European Court of Human Rights (including on behalf IHREC as a third party intervener), the Court of Justice of the European Union, inquiries pursuant to section 42 of the Garda Siochana Act 2005, and also the United Nations Committee Against Torture. He has lectured in family law and human rights law at the Law Society of Ireland and is the Lead Lecturer on the Advanced Diploma in Media and Social Media Law at the Law Library of Ireland. He was awarded the prestigious Catherine McGuinness Fellowship in 2018.
Content
Introduction
Introducing Children's Rights Theory
International Children's Rights Law
Children and Irish Law
Implementing Children's Rights
National Children's Rights Institutions
Incorporation of the Convention into Domestic Law
Aims of the Book
Chapter 1 - International Law on the Rights of the Child
International Children's Rights Standards
Convention on the Rights of the Child
General Comments and Optional Protocols
Committee on the Rights of the Child and the Monitoring of Children's Rights
General Measures of Implementation
Children's Rights and the Council of Europe
European Convention on Human Rights
Child-friendly Justice
Council of Europe Strategy
Key Instruments
Children's Rights under EU Law
EU Charter of Fundamental Rights and Freedoms
EU Strategy on the Rights of the Child
The Child Guarantee
Brussels II
Key Instruments
The Hague Conference
Convention on Child-Abduction
Convention on Intercountry Adoption
Contemporary Issues and Emerging Priorities in International Law
Chapter 2 - Ireland and the Convention on the Rights of the Child
International Children's Rights Standards
Ireland's Implementation of the CRC
Ireland's Experience of the Committee's Reporting Process
The Role of Civil Society
The Ombudsman for Children
Ireland and the Optional Protocol
The impact in Ireland of the Convention's Reporting Process
Ombudsman for Children
Establishment of Minister for Children
National Children's Strategy
Data on Children's Rights
Incorporation of the Convention
Emerging Priorities for Ireland Under the Convention
Chapter 3 - Children's Rights in Constitutional Law
International Children's Rights Standards
International Context - The Movement Towards Constitutional Rights of Children
Introducing Children's Rights Under the Irish Constitution
The Basis and Referendum for the Adoption of Article 42A
Case-Law Under the Constitution
Assessing Impact
Emerging Constitutional Issues from a Children's Rights Perspective
Chapter 4 - Defining the Child and the Family
International Children's Rights Standards
The Child Under the CRC - Beginning and End of Childhood
The Beginning of Childhood Under Irish Law
The Age of Majority
Age of Criminal Responsibility
Age of Consent - Sex, Medical Treatment, Online
Age of Majority - Marriage
Aging Out
The Definition of the Family
Modern Families
Same Sex Families
Family Relationships - Siblings, Grandparents
Identity
Adoption
Surrogacy
Donor Families
Emerging Issues Relating to Age, Family and Identity Rights
Chapter 5 - The Child's Right to a Family
International Children's Rights Standards
Importance of the Family to Children
The Child's Right to a Family Under International Law
Family Formation Under Irish Law
Guardianship and Parental Responsibilities
Custody
The Best Interests of the Child
The Child's Right to be Heard
Children's Rights and Private Family Law Proceedings
Child Contact with Families
Families Across Borders
Emerging Children's Rights Issues Relating to the Child and the Family
Chapter 6 - Children's Rights across Jurisdictions
International Children's Rights Standards
International Families/Across Jurisdictions
The Hague Convention on Child Abduction
Brussels II
Children's Rights Issues
The obligation to return
The Views of the Child
Grave Risk
Delay
The Participation of the Child in Abduction Proceedings
Emerging Issues in Abduction from a Children's Rights Perspective
Chapter 7 - Children's Access to Justice
International Children's Rights Standards
Defining Access to Justice
The Child's Right to a Lawyer
Training and Accreditation
Guardian ad Litem
The Appropriate Adult
The Child as Litigant Under Irish Law
Legal Remedies
Complaints
Ombudsman for Children
The Ombudsman
Garda Siochana Ombudsman Commission
Optional Protocol to the Convention on the Rights of the Child
Access to Information and Advice
Advocacy Services
Emerging Issues Relating to Children's Right to Access Justice
Chapter 8 - Children's Right to Participate in Decision-Making
International Children's Rights Standards
Article 12 and the Lundy Model
National Participation Strategy
Children's Participation in Local and National Decision-Making
School Councils
Child-Friendly Legal Proceedings
Children and Police Questioning
Criminal Proceedings
Child Protection Proceedings
Private Family Law
Other Proceedings
The Child as Witness
The Child as Victim
The Barnehaus Model
Emerging Issues Concerning the Child's Right to Participate in Decision-Making
Chapter 9 - The Child's Right to Protection from Harm
International Children's Rights Standards
The Convention on the Rights of the Child
The UN Global Study on Violence against Children
European Convention on Human Rights
An Historical Overview of Child Protection in Ireland
Inquiries and Remedies
The Case of Louise O'Keeffe
Mandatory Reporting
Children and Domestic Violence
Abuse and Neglect
Sexual Abuse and Violence
The Role of State Agencies in the Protection of Children
Tusla
An Garda Siochana
Schools, Sporting Bodies
The Law Relating to the Protection of Children
Care Orders
Emergency Care Orders
Voluntary Care Orders
Special Care Orders
Trafficking of Children
Emerging Child Protection Issues from a Children's Rights Perspective
Chapter 10 - The Child in Care
International Children's Rights Standards
The Convention on the Rights of the Child
The European Convention on Human Rights
Children's Rights in Care
Placement of Children in Care
Foster Care
Residential Care
Reviews, Inspection and Complaints
Aging Out and After Care
Protecting the Rights of Children in Care
Advocacy
Outcomes
Emerging Children's Rights Issues Relating to the Child in Care
Chapter 11 - Adoption
International Children's Rights Standards
Historical Adoption Issues
Mother and Baby Homes and Foreign Adoption
Contact Register
Adoption Law in Ireland
Eligibility
Consent
Role of the Adoption Authority
Identity and Confidentiality
International Norms
Irish Law
International Adoption
Council of Europe Convention
Bilateral Agreements
Children's Rights Issues
Emerging Issues in Adoption from a Children's Rights Perspective
Chapter 12 - Health and Healthcare
International Children's Rights Standards
Child-Friendly Healthcare
National Children's Hospital
The Irish Law and Policy Landscape
Mental Health Law
Consent to Medical Treatment
Access to Healthcare
Challenges to Health
Mental Health
Obesity
Substance Misuse
Wellbeing
Sexual Health
Healthcare Decision-Making
The Role of the Parent
The Child's Right to be Heard
Access to Medical Records
Emerging Healthcare Issues from a Children's Rights Perspective
Chapter 13 - Children and the Digital World
International Children's Rights Standards
EU Law
Irish Law and Policy
Children's Access to Digital Resources/Education
Online Safety
Protection from Harmful Content
Exploitation and Grooming
Access to Pornography
Peer to Peer Communication
Privacy
Sexting
Emerging Issues in the Digital World from a Children's Rights Perspective
Chapter 14 - Education
International Children's Rights Standards
The Right to Education in Irish law
The Constitution
The Education Act 1998
Special Educational Needs
Education Welfare Act 2000
Equal Access and the Right to Education
Enrolment
Traveller Children
Migrant Children
Children's Rights in Schools
Children's Right to be Heard
Children's Right to Protection from Harm
Balancing Rights in the School Environment
Emerging Education Issues from a Children's Rights Perspective
Chapter 15 - Youth Justice
International Children's Rights Standards
The Irish Youth Justice System
Youth Justice Strategy
Children and the Police
The Garda Diversion Programme
Children Before the Court
Children Court
Circuit and Central Criminal Court
Sentencing
Community-Based Sanctions
Detention
Oberstown Children Detention Campus
Children's Rights in Detention
Aging Out and Irish Prisons
Emerging Youth Justice Issues from a Children's Rights Perspective
Chapter 16 - Rights of Migrant Children
International Children's Rights Standards
Right to International Protection
Separated Children
Direct Provision
The Asylum Process
The rights of Migrant Children in Ireland
Racism
Integration
Emerging Migration Issues from a Children's Rights Perspective
Chapter 17 - Contemporary Children's Rights Issues
Key Issues from an International Perspective
Climate Justice
War and Conflict
Poverty
Key Irish Issues
Status of the Child in Irish Law
Incorporation of the CRC
Role of Ireland in the International Community
Conclusions
Introducing Children's Rights Theory
International Children's Rights Law
Children and Irish Law
Implementing Children's Rights
National Children's Rights Institutions
Incorporation of the Convention into Domestic Law
Aims of the Book
Chapter 1 - International Law on the Rights of the Child
International Children's Rights Standards
Convention on the Rights of the Child
General Comments and Optional Protocols
Committee on the Rights of the Child and the Monitoring of Children's Rights
General Measures of Implementation
Children's Rights and the Council of Europe
European Convention on Human Rights
Child-friendly Justice
Council of Europe Strategy
Key Instruments
Children's Rights under EU Law
EU Charter of Fundamental Rights and Freedoms
EU Strategy on the Rights of the Child
The Child Guarantee
Brussels II
Key Instruments
The Hague Conference
Convention on Child-Abduction
Convention on Intercountry Adoption
Contemporary Issues and Emerging Priorities in International Law
Chapter 2 - Ireland and the Convention on the Rights of the Child
International Children's Rights Standards
Ireland's Implementation of the CRC
Ireland's Experience of the Committee's Reporting Process
The Role of Civil Society
The Ombudsman for Children
Ireland and the Optional Protocol
The impact in Ireland of the Convention's Reporting Process
Ombudsman for Children
Establishment of Minister for Children
National Children's Strategy
Data on Children's Rights
Incorporation of the Convention
Emerging Priorities for Ireland Under the Convention
Chapter 3 - Children's Rights in Constitutional Law
International Children's Rights Standards
International Context - The Movement Towards Constitutional Rights of Children
Introducing Children's Rights Under the Irish Constitution
The Basis and Referendum for the Adoption of Article 42A
Case-Law Under the Constitution
Assessing Impact
Emerging Constitutional Issues from a Children's Rights Perspective
Chapter 4 - Defining the Child and the Family
International Children's Rights Standards
The Child Under the CRC - Beginning and End of Childhood
The Beginning of Childhood Under Irish Law
The Age of Majority
Age of Criminal Responsibility
Age of Consent - Sex, Medical Treatment, Online
Age of Majority - Marriage
Aging Out
The Definition of the Family
Modern Families
Same Sex Families
Family Relationships - Siblings, Grandparents
Identity
Adoption
Surrogacy
Donor Families
Emerging Issues Relating to Age, Family and Identity Rights
Chapter 5 - The Child's Right to a Family
International Children's Rights Standards
Importance of the Family to Children
The Child's Right to a Family Under International Law
Family Formation Under Irish Law
Guardianship and Parental Responsibilities
Custody
The Best Interests of the Child
The Child's Right to be Heard
Children's Rights and Private Family Law Proceedings
Child Contact with Families
Families Across Borders
Emerging Children's Rights Issues Relating to the Child and the Family
Chapter 6 - Children's Rights across Jurisdictions
International Children's Rights Standards
International Families/Across Jurisdictions
The Hague Convention on Child Abduction
Brussels II
Children's Rights Issues
The obligation to return
The Views of the Child
Grave Risk
Delay
The Participation of the Child in Abduction Proceedings
Emerging Issues in Abduction from a Children's Rights Perspective
Chapter 7 - Children's Access to Justice
International Children's Rights Standards
Defining Access to Justice
The Child's Right to a Lawyer
Training and Accreditation
Guardian ad Litem
The Appropriate Adult
The Child as Litigant Under Irish Law
Legal Remedies
Complaints
Ombudsman for Children
The Ombudsman
Garda Siochana Ombudsman Commission
Optional Protocol to the Convention on the Rights of the Child
Access to Information and Advice
Advocacy Services
Emerging Issues Relating to Children's Right to Access Justice
Chapter 8 - Children's Right to Participate in Decision-Making
International Children's Rights Standards
Article 12 and the Lundy Model
National Participation Strategy
Children's Participation in Local and National Decision-Making
School Councils
Child-Friendly Legal Proceedings
Children and Police Questioning
Criminal Proceedings
Child Protection Proceedings
Private Family Law
Other Proceedings
The Child as Witness
The Child as Victim
The Barnehaus Model
Emerging Issues Concerning the Child's Right to Participate in Decision-Making
Chapter 9 - The Child's Right to Protection from Harm
International Children's Rights Standards
The Convention on the Rights of the Child
The UN Global Study on Violence against Children
European Convention on Human Rights
An Historical Overview of Child Protection in Ireland
Inquiries and Remedies
The Case of Louise O'Keeffe
Mandatory Reporting
Children and Domestic Violence
Abuse and Neglect
Sexual Abuse and Violence
The Role of State Agencies in the Protection of Children
Tusla
An Garda Siochana
Schools, Sporting Bodies
The Law Relating to the Protection of Children
Care Orders
Emergency Care Orders
Voluntary Care Orders
Special Care Orders
Trafficking of Children
Emerging Child Protection Issues from a Children's Rights Perspective
Chapter 10 - The Child in Care
International Children's Rights Standards
The Convention on the Rights of the Child
The European Convention on Human Rights
Children's Rights in Care
Placement of Children in Care
Foster Care
Residential Care
Reviews, Inspection and Complaints
Aging Out and After Care
Protecting the Rights of Children in Care
Advocacy
Outcomes
Emerging Children's Rights Issues Relating to the Child in Care
Chapter 11 - Adoption
International Children's Rights Standards
Historical Adoption Issues
Mother and Baby Homes and Foreign Adoption
Contact Register
Adoption Law in Ireland
Eligibility
Consent
Role of the Adoption Authority
Identity and Confidentiality
International Norms
Irish Law
International Adoption
Council of Europe Convention
Bilateral Agreements
Children's Rights Issues
Emerging Issues in Adoption from a Children's Rights Perspective
Chapter 12 - Health and Healthcare
International Children's Rights Standards
Child-Friendly Healthcare
National Children's Hospital
The Irish Law and Policy Landscape
Mental Health Law
Consent to Medical Treatment
Access to Healthcare
Challenges to Health
Mental Health
Obesity
Substance Misuse
Wellbeing
Sexual Health
Healthcare Decision-Making
The Role of the Parent
The Child's Right to be Heard
Access to Medical Records
Emerging Healthcare Issues from a Children's Rights Perspective
Chapter 13 - Children and the Digital World
International Children's Rights Standards
EU Law
Irish Law and Policy
Children's Access to Digital Resources/Education
Online Safety
Protection from Harmful Content
Exploitation and Grooming
Access to Pornography
Peer to Peer Communication
Privacy
Sexting
Emerging Issues in the Digital World from a Children's Rights Perspective
Chapter 14 - Education
International Children's Rights Standards
The Right to Education in Irish law
The Constitution
The Education Act 1998
Special Educational Needs
Education Welfare Act 2000
Equal Access and the Right to Education
Enrolment
Traveller Children
Migrant Children
Children's Rights in Schools
Children's Right to be Heard
Children's Right to Protection from Harm
Balancing Rights in the School Environment
Emerging Education Issues from a Children's Rights Perspective
Chapter 15 - Youth Justice
International Children's Rights Standards
The Irish Youth Justice System
Youth Justice Strategy
Children and the Police
The Garda Diversion Programme
Children Before the Court
Children Court
Circuit and Central Criminal Court
Sentencing
Community-Based Sanctions
Detention
Oberstown Children Detention Campus
Children's Rights in Detention
Aging Out and Irish Prisons
Emerging Youth Justice Issues from a Children's Rights Perspective
Chapter 16 - Rights of Migrant Children
International Children's Rights Standards
Right to International Protection
Separated Children
Direct Provision
The Asylum Process
The rights of Migrant Children in Ireland
Racism
Integration
Emerging Migration Issues from a Children's Rights Perspective
Chapter 17 - Contemporary Children's Rights Issues
Key Issues from an International Perspective
Climate Justice
War and Conflict
Poverty
Key Irish Issues
Status of the Child in Irish Law
Incorporation of the CRC
Role of Ireland in the International Community
Conclusions