Weighing in the balance: Reflections on the sentencing process from a children's rights perspective

A substantial body of research now exists indicating that parental imprisonment can produce multiple negative effects on dependent children. While the criminal justice system can respond to this post-imprisonment through positive interventions, an important question arises as to whether courts should take into account the impact of imprisonment on the children of offenders at the point of sentencing. The recognition of children’s rights in many jurisdictions has prompted courts to develop approaches that take account of these important third party considerations. This article will explore how the courts of South Africa and England and Wales have made space for the rights of children of offenders within the sentencing process and consider whether Ireland might adopt such an approach. Central to this process is how relevant information regarding dependent children can best be presented to the sentencing court. The article will therefore examine the potential introduction of child impact statements into the Irish sentencing process, and the extent to which probation officers are suited to adapting their current pre-sanction report role to include child impact information

Representation and participation in child care proceedings: what about the voice of the parents?

In Ireland, the Constitution guarantees very strong rights to parents and the family, and there has been a long and unfortunate history of failures to adequately protect children at risk. As a result, there has been much discussion in recent years about the need to improve legal mechanisms designed to protect the rights of children. By comparison, little attention has been given to establishing whether the theoretically strong rights of parents translate into strongly protected rights in practice. This paper presents new empirical evidence on the manner in which child care proceedings in Ireland balance the rights and interests of children and parents, including the rates at which orders are granted, the frequency of and conditions in which legal representation is provided, and the extent to which parents are able to actively participate in proceedings. A number of systemic issues are identified that restrict the capacity of the system to emphasise parental rights and hear the voice of parents to the extent that would be expected when looking at the legal provisions in isolation

Child care proceedings in non-specialist courts: the experience in Ireland

It is widely accepted that court proceedings concerning child protection are a particularly sensitive type of court proceedings that warrant a different approach to other types of proceedings. Consequently, the use of specialized family or children’s judges or courts is commonplace across Europe and in common law jurisdictions. By contrast, in Ireland, proceedings under the Child Care Act 1991 are heard in the general courts system by judges who mostly do not specialize in child or family law. In principle, the Act itself and the associated case law accept that the vulnerability of the parties and the sensitivity of the issues involved are such that they need to be singled out for a different approach to other court proceedings. However, it is questionable whether this aspiration has been realized in a system where child care proceedings are mostly heard in a general District Court, using the same judges and the same physical facilities used for proceedings such as minor crime and traffic offences. This article draws on the first major qualitative analysis of professional perspectives on child care proceedings in the Irish District Court. It examines evidence from judges, lawyers, social workers, and guardians ad litem and asks whether non-specialist courts are an appropriate venue for proceedings on an issue as complex and sensitive as child protection, or whether the establishment of specialist family courts with dedicated staff and facilities provides a better solution

Children and young people's experiences of participation in decision-making at home, in schools and in their communities

The aim of this study is to explore the extent to which children and young people, aged 7-17 and living in contemporary urban and rural Ireland, are able to participate and influence matters affecting them in their homes, schools and communities. The investigative focus of the study is shaped by Lundy’s (2007) conceptualisation of Article 12 of the UN Convention on the Rights of the Child, which focuses on space, voice, audience and influence. With this in mind, the objectives of this research are: to consider the extent to which children and young people have a voice and influence in matters affecting them at home, in their school and in the community where they live; to identify the facilitators and barriers to giving children and young people a voice and influence in matters affecting them in each of these settings; to examine the type of approaches used in each setting and identify examples of good practice; to distil key messages for consideration by parents and families, teachers, schools and communities in Ireland

The right of the child to be heard? Professional experiences of child care proceedings in the Irish District Court

Article 12 of the United Nations Convention on the Rights of the Child 1989 provides that all children capable of forming views should have those views seriously considered in any decisions that affect them. Once expressed, the views of the child should be afforded due weight in accordance with his or her age and maturity. Every day in Ireland, decisions are made in the District Court concerning where a child will live and who they will live with in cases where their wellbeing is considered to be at risk. In such cases, the child's views should form a key component of the assessment of their best interests. This article presents the findings of a national empirical study which explores the individual perspectives of professionals who are directly involved in such proceedings. In particular, it aims to highlight the extent to which children are actually heard in such cases and whether the current legal framework and its practical implementation are Article 12-compliant. Based on professional experiences, the manner in which children are heard in practice in this adversarial setting will be explored with a view to reform

Children and Young People’s Participation in the Community in Ireland: Experiences and Issues

This paper presents the findings of research into children and young people’s experiences of participating in their communities in Ireland. Using a social and relational understanding of participation, the research found that children and young people are engaged in a wide range of activities in their communities. They are however often misunderstood in the community and have limited opportunities for participation in decisions affecting them. Despite these problems, they report positive experiences of participating in youth clubs and organisations, where their participation is supported by adults. The paper discusses the implications of these findings for research, public policy and community

What social workers talk about when they talk about child care proceedings in the District Court in Ireland

Court proceedings are a fundamental and increasingly time-consuming aspect of social work practice. However, to date, there is a relatively modest body of literature considering the experiences of social workers in instituting child care proceedings and giving evidence in court. This paper draws on data gathered as part of an in-depth qualitative study of professional experiences of District Court child care proceedings in Ireland and presents findings regarding the experiences of social workers in bringing court applications for child protection orders. It seeks to answer 2 key questions: First, how do child protection and welfare social workers experience the adversarial nature of child care proceedings in the District Court? Second, what are the views of child protection and welfare social workers on the strengths and weaknesses of child care proceedings as a decision-making model for children and young people? The main findings are that social workers expressed significant reservations about the predominantly adversarial model that currently operates in Irish child care proceedings and about the level of respect that social workers are afforded within the operation of the system

Research report on guidance on contact time for infants and young children in separated families

Research ReportThis study explored the perspectives of parents and professionals who manage contact arrangements in relation to a child/[ren] in common (aged 0-6 years) as well as the manner in which their childrenâ s views have been ascertained and represented as part of the process. Concern with the impact on children of discontinued parent-child relationships following parental separation or divorce has resulted in a depth of empirical knowledge in the maintenance of those relationships through the medium of "contact". While research consistently demonstrates that shared parenting arrangements (post-separation/divorce) work best when they are informally arranged between two parents who are committed to making those plans work in the interests of their children, the emotive nature of the separation/divorce experience for many families may demand formal and legal regulation (Holt S., 2016a). This timely research was undertaken during a period when the Irish Family Law system is in the spotlight with a view to reform. This research attempted to gain a birdâ s eye view of how, and in what ways, contact arrangements are established for infants and young children in the 0-6 years age category. It set out to capture the lived experiences of those who share parenting as well as those who work with these families and young children. It therefore consisted of an in-depth literature review on the issue of contact concerning 0-6 year olds; the distribution of an online survey for parents who share the parenting of infants and young children; two focus groups with professionals working in the area of family law, one consisting of social professionals and one with legal professionals; and six interviews with members of the Irish judiciary working in the area of family law

Children's participation: moving from the performative to the social

The body of work on children’s participation has been valuable in asserting its importance. Nonetheless, participation is a contested concept and key challenges arise relating to its emphasis on age and voice, its focus on socialising the participative responsible citizen, and its failure to sufficiently recognise the range of participatory activities of children in their everyday lives. This article presents findings of a study on children’s experiences of participation in their homes, schools, and communities including the importance of the relational context, how everyday interactions rather than ‘performative’ formal structures for participation are valued by children and how their participation is limited by adult processes based on notions of competence and voice. It concludes with an argument for recognising and facilitating children’s informal and social participation as well as new forms of democratic processes being developed by children to address the possibility of governance and over-responsibilisation of children