OCO Campaign for Incorporation

It would force a rethink across the public and civil service from the very start of every process so children would ALWAYS have to be considered. With these rights in law, decision-makers can be held accountable.  

The practical impact of incorporation would be felt across multiple areas:

a) Mandatory Child Rights Impact Assessments:

Policymakers and public authorities are required to carry out formal assessments before introducing new laws or making major policy decisions. This forces a shift away from reactive fixes to systematic, preventative consideration of children’s rights.

Example 1: A new model to determine resources for SNAs is being proposed by Government. Government and the Department of Education would need to assess how the changes could affect children’s rights, wellbeing, participation and development before proceeding. They would also be required to consult with children.

Example 2: Children are being exposed to harmful content online through algorithms. Government would have a much stronger legal basis to hold social media companies to account to ensure platforms are safe and respect children’s rights. They would be empowered to mandate companies to carry out child rights impact assessments before a platform or product has access to children. Algorithms would not be permitted for under 18s.

b) Legal Recourse and Accountability:

Children and their families gain the ability to hold public authorities legally accountable. If a government body or state service breaches a child’s right (such as access to education or healthcare), courts can provide a legal remedy.

Example 1: A local authority fails to provide suitable accommodation for a homeless family with children.
The child or those acting on their behalf could argue that their rights to development, protection and an adequate standard of living have been breached and seek a legal remedy to secure suitable accommodation.

Example 2: A child in care has been put in a placement separate from their sibling and does not see them on a regular basis.
The child or those acting on their behalf could argue that their right to have their best interest considered and their right to family life have been breached, requiring Tusla to find a placement with their sibling.

c) Cultural Shift:

Experience in Scotland shows that direct incorporation builds a deeper “culture of respect” for children as independent rights-holders rather than just passive recipients of care. Children are routinely involved in the design of policies and services that affect them.

Example: Youth Councils and Youth and Children Advisory Panels would become more influential in the Dáíl, Government Departments and Public Bodies because participation is recognised as a legal right, not simply good practice. All public and civil servants would have to undergo children rights training to incorporate these principles into their practice.

d) Better Use of Public Resources and Better Outcomes:

It shifts policy making towards prevention and early intervention as children’s right must be considered at the outset and not as an afterthought. It would ensure that all budgetary decisions are guided by children’s rights ensuring the State is using their resources to the maximum extent to protect and promote children’s rights.

Example: Tusla is spending significant resources on unregulated private for-profit settings which is leading to adverse outcomes for children in need of care and protection.

Government would be required to direct adequate resources to Tusla so that they could provide regulated, not-for-profit placements that meet the holistic needs for children and young people, leading to better outcomes for children and young people. It would also ensure that adequate resources were provide to early intervention supports for families in crisis, preventing children entering the care system in the first place.

Yes. Most recently Scotland in 2024, as well as Norway, Sweden and South Africa. So, we know it can be done. Fully incorporating the UNCRC into Irish law would make Ireland a leader in the EU on children’s rights.

The Irish Constitution doesn’t allow an international agreement to be part of domestic law unless the Oireachtas decides to make it law. Because of this, the UNCRC has no legal status in Ireland. So…

• Govt departments, public bodies, courts, are not obliged to take the rights in the UNCRC into account when drafting legislation or policies, making decisions, or providing a service to children.
  
  AND
  
• Children, or adults on their behalf, cannot take legal action if their rights under the UNCRC are not being respected.

At the moment Ireland has only partially incorporated the UNCRC, by including some parts of the UNCRC in some legislation.

Full incorporation means writing the whole of the UNCRC into Irish law, not just some parts, and it means that no part of it is rewritten.

Direct incorporation means that the full legal text of the UNCRC would be written directly into Irish law and can be directly applied by a court.

No. The UNCRC can be incorporated into domestic law through a standalone piece of legislation. This would cover the full scope of children’s rights and freedoms under the UNCRC. For this to happen we need the Government’s approval of a Bill that incorporates the text of the UNCRC into domestic law and this Bill will have to be approved by the Oireachtas.