Essay

The Human Rights of Children and Families: Prevention, Intervention and Support in Times of Crisis

Professor Pat Dolan

May 2010

The prospect of upholding the rights of Irish children either within the context of the long awaited referendum amendment or not, holds little promise without a reorientation towards service provision to and for young people and in the context of a real commitment to supporting families. I would argue that in many ways we still suffer from a throwback to the ideology of children and youth being tolerated rather being both seen and heard. This is most typified by comment by certain Irish media ‘legends’ in relation to their childhood experiences of corporal punishment or as expressed by at least one as “well it did not do me any harm”. Interesting that one person’s experience should count for all; tell that to those who lived through the physical abuse (alone) as detailed in the Ryan Report. It does a lot of harm. Even from my own experience of being fatherless from seven months and attending a savage institution of a Christian Brothers School where but for the protection of older brothers and a robust mother I could have been more harmed than actually was the case.

Thankfully while we have now more robust protection of children in schools and communities this has been a trickle rather a flush of intent within Irish society. Even in the context of both setting a date and implementation of the wording for the referendum, despite the fact that children’s issues is now a ‘political hot potato’, speed has not been to the fore. This of course is not new, although the Child Care Act 1991 was eventually signed into legislation in July 1991 by the then President Mary Robinson, it had been recommended in the Task Force Report of 1981 and was only given life circa May 1993 by the then Minister for Health Brendan Howlin TD after the shock report by Justice Catherine McGuinness and colleagues in relation to the horrid sexual abuse of the Kilkenny incest case. In sum, to say that we have been proactive on children’s issues, with the exception of the National Children’s Strategy of 2000, is a limited argument.

We are now much stronger on the awareness of utilising the voice of children and young people in order to uphold the right of participation of young people as intended within article 12 of the United Nations Convention on the Rights of the Child. This is evidenced for example through political and social youth civic engagement and leadership (see for example Young Social Innovators or the Foroige Youth leadership programme) and at state level through Dail na Nog. However, we should not assume that participation in itself is the end point; in fact it is only the beginning. It could be argued that seeking the participation of young people without associated real stakeholder ownership and status both in policy and service provision is useless and even borderline patronisation. From universal services (children as members of schools board of management) to targeted services (children providing appropriate governance in Child Protection Case conferences) there needs to be evidence not just of participation of young people, but of power coupled with actionable responses by adults.

At a wider level for families (with children) the need for Family Support as a first choice of service, rather than soft child protection response where possible “if only we could get to it”, may well be our damning legacy equating to the Ryan/Murphy Reports in years to come. There are of course a number of cases where parents are intent on harming their children through criminal acts, but these are very few. This is horrific and children must of course be protected. However, in the vast majority of cases, families (parents, children, extended family and communities) need basic support services early and often in order to survive and thrive. The fire brigade approach to supporting families will always just deal with clearing smoke and flames in emergencies only to have to do so again once another gust of troubled winds fan the problem flames of family.

Longer term, slow, ample and consistent support to families, usually in the form of tangible aid rather than professional advice, is needed and has to be developed in a systemic manner. There is an onus on social work and other related professions to push this. This never gets discussed on Prime Time or in the Irish Times where vested interests for other family members (but not children) get to give their opinions and receive attention. It is incumbent on us all to act in the interest of children and families. The fact that it has only been in recent months that the importance of bailing out families affected by unemployment and at risk of losing their homes has come to the fore is incredible. This has happened way behind the expression of need to keep Anglo Irish and other financial institutions afloat and reflects how much family support is actually valued in Ireland.

Finally, there is a tentative but ironic connection between the banking crisis and the outrage of the Ryan Report. Families (including parents who do not wish to harm their children but are unable to cope), who are not supported ahead of financial institutions, could end up with their children in institutions (at an incredible cost to the state). Even though care services are now much better constructed and more safely operated than before, they still offer poor outcomes for young people in terms of their life after care. For many reasons we must get real. We have all a role to play in supporting children and families through early (in the problem) intervention and prevention - it is simply a matter of right.