Frank Martin's The Politics of Childrens Rights is a welcome addition to the texts concerning children in this country. Martin, a lecturer in Family Law in University College, Cork, takes as his starting point the condition of Irish children as a voiceless minority, with few political or legal rights. He believes that "any inclusion of children within the broad political dialogue must inevitably contribute towards greater mocratisation of Irish society." One must support his thesis.
The book serves the important function of collating a wealth of factual information in the field. Any law student, health care worker, child worker or interested person wishing to scan the development of legislation from the 1980s to 2000 will find it here. In addition, the book locates the debate within the international context. It looks at non-governmental organisations and children's rights. It examines the issues of reform of children's rights and in particular children's representation in legal proceedings. It also references the situation of refugee children, unfortunately all too scantily.
It is heartening to read of the substantive shift that has taken place in our attitudes towards the child: for example, the introduction since 1997 of video-link evidence by children, removing the child from the unsuitability of the courtroom, the mandatory regard to the wishes of the child within the context of the child's age and understanding, and an increased awareness that the interests of the child may not always coincide with the interest of either parent. The inclusion of the word "emotional" within the statutory definition of the welfare of the child, and the importance of having an ombudsman for children are developments to be welcomed.
IT IS appropriate that there is a section on poverty in this book but unfortunate that, apart from some startling statistics and strident statements, few specifics are presented to address it. However, this section does remind us, alarmingly, that Ireland holds the highest national rate of child poverty of any EU member state, currently a recorded 170,000 Irish children are growing up in poverty.
Unfortunately there is a tendency for repetition in the book, in addition to too many facts and not enough of the writer's own interpretation and response to the many legal deficits he identifies. Issues such as corporal punishment by parents surely deserve more than a sentence or two, and the question of the capacity of young people to make serious medical intervention decisions requires, in my view, further debate.
For example, the rights of what are essentially still young minds to make decisions on contraception, breast implants and general cosmetic surgery need to be balanced against the emotional capacity of the young person to make such decisions and the psychological risks in so doing. Giving 16-year-olds power of decision-making can also carry some dangers - how do we balance their legal rights with their additional right to be protected at a vulnerable stage in their lives? What provision is made for parents to be informed and to inform such significant decision making by teenagers?
The text would have benefitted from commentary on the advertising laws, particularly child-directed advertising and exploitation of children as a consumer market to the detriment of their moral development. This includes the multimedia of TV, video and the internet, and the inadequately supervised rights of young people to protection from inappropriate and pornographic content.
I await the text that truly challenges the resolution of family issues within an adversarial framework with its vocabulary of combat, the accompanying courtroom atmosphere, wigs, gowns and so on - an approach that could hardly be described as child-centred. That is, perhaps, for another text and time.
The legal landscape with regard to the care and upbringing of children is still one with many arid patterns and lacunae. Any book, which addresses this issue, is welcome and Frank Martin's, within the limitation of its length and, therefore, its scope does so well. It is an important marker of the children's rights perspective.
Marie Murray, Clinical Psychologist and Author, is Director of Psychology at St Vincent's Psychiatric Hospital in Fairview, Dublin