Family Essay Flashcards
(12 cards)
What is the main purpose of Article 42A of the Constitution?
To explicitly recognise the natural and imprescriptible rights of all children and affirm the State’s obligation to protect and vindicate them.
What significant change did Article 42A introduce in terms of state intervention?
It removed the requirement for parental failure to be due to ‘physical or moral’ reasons and focused instead on the effect on the child’s welfare.
What was the general constitutional presumption regarding children before Article 42A?
That a child’s welfare is best served within the marital family, and state intervention was limited to exceptional cases (Re J.H., 1985).
What were the grounds for state intervention under old Article 42.5?
‘Physical or moral’ failure of parents in their duty towards the child.
What is the constitutional test for overriding parental decisions under Article 42A?
Whether the parental decision prejudicially affects the child’s welfare to such an extent that it amounts to a failure of parental duty.
What is the ‘reasonable parent’ test?
A legal standard where courts ask what a reasonable, loving parent would do in the child’s best interests (In the Matter of JJ [2021] IESC 1).
What did the Supreme Court decide in In the Matter of JJ (2021)?
The court upheld medical decisions against parental wishes, affirming that child welfare can justify state intervention even absent parental malice.
How did JJ case reinterpret the word ‘exceptional’ in Article 42A?
It describes the nature of parental failure, not an additional legal threshold.
What is Conor O’Mahony’s view on Article 42A?
He believes it ‘tilts the constitutional balance’ more toward recognising children’s rights as independent and central.
Why is Article 42A considered more than symbolic?
Because it legally repositions children as individual rights-holders and enables more flexible, welfare-based state interventions.
What constitutional status does the child’s best interest now hold?
It is the paramount consideration in decisions involving custody, access, guardianship, and state intervention.
Must children’s views be considered under Article 42A?
Yes – if they are capable of forming views, those views must be given due weight according to age and maturity.
