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Family and Care

Q: Article 9

Article 9 of the UNCRC says it’s your right to live with your parent(s), unless it is bad for you. If you can’t live with your parents, it’s your right to get special care and help, like foster care, residential care or living with another member of your family (Article 20 UNCRC).

13 – 17

years

old

What does this mean?

How is this right protected in Ireland?

Does every child in Ireland get this right?

Libby’s story

What does this mean?

Article 9

Article 9 of the UNCRC says it’s your right to live with your parent(s), unless it is bad for you. If you can’t live with your parents, it’s your right to get special care and help, like foster care, residential care or living with another member of your family (Article 20 UNCRC).

Article 10

Under Article 10 UNCRC, it’s your right to be together with your parents if you live in a different country. You should be able to keep in contact, see each other and be reunited where possible.

How is this right protected in Ireland?

There are lots of rules in Ireland that make sure you get your right to family and care here:

The Constitution says that you have the right to be cared for and brought up by your family (Article 41). Your family help you make decisions and get your rights. It is the Government’s job to help your parent(s) or guardian(s) do this in the best way they can.

The Child Care Act 1991 gives you more rights. It says if it isn’t safe for you to be with your family, it’s your right to be cared for by the State (or Tusla!). You also have the right to have a say when this decision is being made. Click here to find out more about your rights in care.

Under the International Protection Act 2015, if you are under 18 and come to Ireland from another country on your own, because it is not safe to stay there, you have the right to be reunited with your parents and siblings who are also under 18.

Does every child in Ireland get this right?

Not every child who is in the care of the State is kept safe. Sometimes, there is no suitable place for children to go and they have to move around a lot. This puts young people who need lots of support at risk of abuse and further harm.

Children coming to Ireland on their own from other countries are finding it harder to access support once they turn 18 (aftercare) than Irish children. For children that do get aftercare, it’s not always good enough and they don’t feel fully prepared to leave care. It can also be harder to get aftercare for as long as you need if you are not in education.

Libby’s story

I came to Ireland from Somalia on my own when I was seventeen. When I came to Ireland, they made a mistake when they were figuring out my age. I had lost all my identification documents in the war and my English was really poor. They thought I was already over eighteen so when I did turn eighteen eventually, I was denied an Aftercare worker, even though I really needed one.

Find out what you can do when you’re not getting your rights.