Family Problem Catherine and Simon Flashcards
(10 cards)
What constitutional article recognises the family as the fundamental unit of society in Ireland?
Article 41.1.1 of the Irish Constitution.
What does Article 42A.1 of the Irish Constitution provide?
It affirms the natural and imprescriptible rights of all children and requires the State to protect and vindicate those rights as far as practicable.
Under what conditions can the State intervene in parental decisions under Article 42A.2?
In exceptional cases where the parents fail in their duty to the extent that the child’s welfare or safety is prejudicially affected.
What was the key holding in North Western Health Board v HW [2001]?
Parents cannot refuse necessary medical treatment for a child if it endangers the child’s welfare.
What did the Supreme Court decide in Re JJ [2021] IESC 1?
That parental refusal can be overridden when it prejudicially affects the health or welfare of the child.
What legal test is applied when the State considers intervening in parental rights?
The best interests of the child and proportionality of the State’s intervention.
What constitutional right supports a child’s entitlement to medical treatment?
The right to life and bodily integrity under Article 40.3.
How does the Constitution balance parental rights and the rights of the child?
Parental rights are strongly protected but not absolute; they can be overridden to vindicate the child’s fundamental rights.
Why might a court authorize a blood transfusion for a child against parental wishes?
Because the refusal could constitute a failure in parental duty that prejudices the child’s welfare.
What is the significance of the phrase ‘proportionate means as provided by law’ in Article 42A?
It ensures that any State intervention must be legally grounded and no more than necessary to protect the child.
