Opening Statement – Joint Committee on Children and Equality

 

 

Opening Statement

Dr. Niall Muldoon

Ombudsman for Children

Joint Committee on Children and Equality

2^nd of July 2026

I would like to thank the Committee for the invitation to discuss Ireland’s pathway to incorporation of the UN Convention of the Rights of the Child (UNCRC) into Irish Law. I am really encouraged by the invitation and the implicit recognition of the importance of the UNCRC for children’s rights. As you know, full and direct incorporation is a key strategic goal of the OCO and I am delighted to have the opportunity to speak to you today.

It is important to start by saying that in many ways Ireland is a wonderful place to be a child, with the vast majority enjoying a safe and happy childhood. But is Ireland the best country in Europe to be a child, to quote a former Taoiseach?

Not yet.

The persistent and structural issues impacting children that come to my Office and before this Committee, demonstrate how the State is still falling short on delivering the security and certainty to enjoy the full suite of rights which, by ratifying the UN Convention on the Rights of the Child in 1992, Ireland has already said are rightly theirs.

Why incorporate?

We believe incorporation of the 42 rights of the UNCRC into law is the single most important thing we can do to protect and safeguard the rights of all children in Ireland. Given that it is 33 years since ratification, we believe incorporation is the natural next step to fully implementing the UNCRC in Ireland. Putting children’s rights into law provides a framework for accountability, puts children at the heart of everything we do and gives them the opportunity to claim their rights.

We have just taken over the Presidency of the European Council and will next year bid for a place on the UN Human Rights Council. With the eyes of Europe upon us, and with the goalposts shifting on how rights are upheld worldwide, we have a real opportunity to show that Ireland is a true leader in Europe on children’s rights. That at a time when many are walking away from international commitments, Ireland is walking towards them.

The reality is that children’s rights are not comprehensively or consistently protected in Irish law. The Irish State’s approach to children’s rights so far has been piecemeal, with the State choosing to partially incorporate only some of the fundamental principles of the UNCRC in specific areas such as family law. But we all know that this is not enough and the UN Committee on the Rights of the Child has repeatedly expressed concern over Ireland’s approach in its Concluding Observations in 2016 and 2023.

Incorporation does not create new rights for children, it simply codifies existing rights that the State already agreed to, in domestic law. So, Ireland already sees itself as having these responsibilities towards children.

It is important to point out too, that we are not starting from scratch, as the Young Ireland, the National Policy Framework for Children and Young People, already commits to indirect incorporation of the UNCRC through commitments in relation to child budgeting, child rights capacity building and training and Child Rights Impact Assessments (CRIAs). Full and direct Incorporation would mean that these commitments are mainstreamed throughout all Government departments.

The Department of Children, Disability and Equality has commissioned, and received, a comprehensive independent report on Ireland’s legislative compliance with the UNCRC. This will be critical in setting out the current gaps in legislation and the best pathway forward and we urge the Department to publish this report as soon as possible in order to inform the work of this Committee.

Though the pathway to incorporation will require concerted commitment and effort across Government, we can look to countries like Scotland, Norway and Sweden who have shown that it can be done.

Yes, it would force a rethink with how decisions are made across the civil service. And there may be resistance to change initially. But as Mark Twain alluded to, true progress only comes as a result of change.

For legislators and policy makers, it improves the policy making process as children’s rights are baked in from the start, leading to greater savings for the state further down the line. It would mean these rights are not an add on but are fundamental into how we develop and design laws, policies and deliver public services for children.

Why now?

Children’s issues are continually fighting for Government’s attention at a time of global and economic uncertainty and when all our public services are under pressure. While we are seeing more efforts to listen to the voices of children- and we welcome  those increased levels of meaningful youth participation-  it is still optional, and decisions continue to be made with little or no consideration of the rights and needs of children, especially when it comes to investing in services that support them.

Our Annual Report for 2025 highlights the consistent issues around the resourcing of children’s services. We see this every year through the complaints we receive about waiting lists for housing, Assessment of Need (AON), Children Disability Network Team (CDNT) services, Primary Care services, a lack of school places, and CAMHS. We have repeatedly said that budgets are all about choices, and at the moment our budget process is not child centred. We only need to look to the €38 million spent on private Special Emergency Arrangements in 2025 as an example of that.

Most importantly, children want this and don’t have time to wait. Our Youth Advisory Panel are a key driving force in our campaign and at the first event with approximately 150 children and young people, in October last year, there was a strong mandate to stand with children and young people to push for the change they seek.

We also have strong public support for incorporation. In a representative survey of 500 people aged 16-24 carried out by IPSOS/ B&A research company on behalf of our Office, nearly two-thirds (65%) are supportive of incorporation, including 30% who say they would actively advocate for it and 35% who generally support it. A further 26% remain open to the idea but require more information before taking a clear position. Only 6% express opposition or significant concerns, while 3% remain unsure.

At a time when world leaders are challenging the international human rights legal order, a commitment to incorporate the UNCRC would send a strong signal to other member states that Ireland takes the UN human rights system very seriously. Where there is growing cynicism about whether international law matters, where rights are in the balance, a small country on the edge of Europe – would send a clear message: they matter here.

• 2 Iúil 2026
• Cineál: Ráiteas