THE constitutional protection of the family based on marriage should be examined in the light of "the best interests of the child", according to a report being drafted on the rights of the child in Ireland which is to be submitted to the United Nations.
The draft report deals with Ireland's implementation of the UN Convention on the Rights of the Child. It has been prepared for the Children's Rights Alliance, an umbrella group of about 50 organisations, by solicitor Ms Rosemary Kingston O'Connell.
It will go to the UN's human rights monitoring authorities in Geneva before the end of the year, according to Ms Fionnuala Kilfeather, a member of the alliance executive. The Government has already sent its own report on the implementation of the convention to Geneva.
Ms Kilfeather stressed that the document was a draft report and was being discussed by CRA members. They were seeking further submissions from anyone with an interest in children's rights, especially from young people.
CRA chairperson Ms Madeleine Clarke said the alliance was working closely with the Department of Foreign Affairs on the implementation of the convention.
Reports from non governmental organisations such as the CRA will form the basis of the UN's questioning of the Government by the Committee on the Rights of the Child when it reviews progress among signatory states early next year.
The report proposes an alternative to the adversarial method of dealing with cases of child sex abuse, and its replacement by an inquisitorial one, perhaps using an examining magistrate.
This would help deal with some of the difficulties in making a prosecution when the only witness is the child who can be too young to give evidence.
It recommends that anomalies within Irish legislation which treat young people as children at different ages for different purposes - 16 for child benefit, 18 for unemployment assistance in the social welfare code, for example - should be cleared up. It points out that, contrary to Article 12 of the Convention, children are not consulted in a consistent manner about their wishes in relation to being in care.
It highlights the lack of suitable accommodation for homeless children. It also points out that pressure on resources has led local authorities to distinguish between children who are "unable" and "unwilling" to go home, treating as "unwilling" those for whom there is no proof of danger or abuse at home.
It urges consistency in the delivery of services to children in all health board areas. For example, it states that in the Western Health Board area there had been no medical examination for over four years in 18 per cent of the schools, although such examinations are provided for in legislation.
Structures should be put in place to allow for the expression of the child's views - secondary schools should set up student councils.