Caoilfhionn Gallagher KC

The report, Meeting the Legal Needs of Children and Young People in Ireland and Enhancing Access to Justice – A Children’s Rights Analysis, commissioned by CLM and funded by the RTÉ Toy Show Appeal in partnership with Community Foundation Ireland, was written by children’s rights expert Róisín Webb and involved significant consultation with stakeholders, including a specially appointed Youth Advisory Group.

It finds that, despite progress in implementing the United Nations Convention on the Rights of the Child at national policy level, children, especially those who are most at risk of poor outcomes in areas such as care, education, housing, disability and mental health services, continue to be denied their rights and lack effective remedies to challenge such breaches.

These challenges are compounded by limited awareness of rights among children themselves; inadequate legal support for organisations working directly with children; lack of awareness of children’s rights frameworks among duty bearers; gaps in professional knowledge among lawyers in how to support children whose rights are violated; and challenges in pursuing strategic litigation work that could deliver systemic change. 

Highlighting the unique nature of children’s legal needs, the report outlines how a child rights-based approach to legal services is an important part of access to justice for children and the pursuit of a child-friendly justice system. It points to the need for a specialist legal service that will champion access to justice for children and young people as an essential component in ensuring children’s rights are protected, respected and vindicated.

It also calls on the State to ensure that commitments in relation to children’s rights in the National Policy Framework Young Ireland and within the Child Poverty Unit of the Department of the Taoiseach include an access to justice component.

Speaking ahead of the launch of the report, Caoilfhionn Gallagher KC, special rapporteur on child protection said: “The Irish government has a long-standing stated policy of seeking to make Ireland one of the best countries in Europe to grow up. Critical to achieving this aim is ensuring compliance with Ireland’s obligations under both the Constitution and the UN Convention on the Rights of the Child – in practice, as well as in principle. Securing such compliance requires a child-friendly justice system and access to justice for children growing up in Ireland. I welcome this timely and important report, which addresses these vital issues and sets out proposals for change.”

Ms Webb said: “The voices and experiences of young people were a central part of this report, and I want to especially thank the members of the Youth Advisory Group. Along with the views of stakeholders, they highlight the need for trust, outreach and meaningful participation of young people. This is exactly what a children’s rights approach to child friendly justice and child-centred justice requires. What emerges clearly from the research is the recurring theme of moving rights from rhetoric to reality. The analysis in the report provides a pathway towards delivering this through a specialised children’s law service with their participation as a core enabler of change.”

Aoife Kelly-Desmond, CEO of Community Law & Mediation added: “Children encounter the legal system in different ways than adults do, and our approach must reflect that. Informed by the findings of the report, CLM aims to scale up its existing children’s law services to become a centre for excellence in relation to child friendly justice and legal advocacy for children, with a particular focus on children impacted by disadvantage and inequality.”