Children most at risk of poor outcomes denied rights

Children most at risk of poor outcomes in care, education, housing, disability and mental health services, continue to be denied their rights, according to new research.
A report titled 'Meeting the Legal Needs of Children and Young People in Ireland and Enhancing Access to Justice – A Children's Rights Analysis' says challenges are compounded by limited awareness of rights among children as well as inadequate legal support for organisations working directly with children.
It also stressed that there is a lack of effective remedies to challenge such breaches.
Commissioned by the charity Community Law and Mediation, the study points to a lack of awareness of children's rights frameworks among duty bearers.
It also points to 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.
While there has been progress with legal incorporation of specific provisions of the UNCRC into Irish legislation, the report stated that "this has been described as piecemeal" and "is not consistent or comprehensive".
The study consulted a youth advisory group who identified legal issues across different areas of life.
They included bullying, school exclusions, lack of support for educational needs, issues relating to custody in family law matters, not being listened to by social workers and difficulties accessing health services and mental health supports.
The study also cited a frightening and intimidating criminal justice system as well as being exploited at work and issues relating to homelessness and lack of available housing.
Family problems raised included parental mental health problems and drug addiction, separation or divorce and young people having their voice heard or wishes shared with the judge when they want to express them in court proceedings.
The report outlined 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.
As a result, it has recommended a specialist children's legal service.
It also recommended that the State ensures 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.
Special Rapporteur on Child Protection Caoilfhionn Gallagher KC pointed to the Irish Government's long-standing stated policy of seeking to make Ireland one of the best countries in Europe to grow up.
Critical to this, she said was ensuring compliance with Ireland's obligations under both the Constitution and the UN Convention on the Rights of the child both in practice and 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," she said.
More children experiencing deprivation - ESRI
Meanwhile, more children are experiencing deprivation despite being above the official poverty threshold according to research by the Economic and Social Research Institute.
Its latest study found the number of children defined as deprived but not at risk of poverty has increased, with 17% of children defined as such in 2023 compared to 12% in 2020.
The ESRI found that more than half of deprived children, not at risk of poverty, live in households with incomes slightly above the poverty line— between 60% and 80% of the median income.
However, when incomes are adjusted to account for housing costs, it moves many of these children below the poverty line.
The researchers said this highlights the burden of housing expenses on family living standards.
The study found that 39% of children who are deprived, live in households where at least one person over the age of 16 has a disability, and 41% live in lone parent households.
Due to the extra costs associated with disability, households that include a disabled person do not have the same standard of living as households with the same income but without a disabled member.
Other risk factors include migrant status, low education levels and unemployment of adults in the household.
Households of children who are deprived but not at risk of poverty also experience significant financial strain according to the report, with debt problems and heavy burdens from loan repayments comparable to those in consistent poverty.
The ESRI said poverty measures may not fully capture the extent of deprivation experienced by children in Ireland.
It added that future poverty measurement should consider a range of income thresholds to identify those households already experiencing a lower standard of living and who are at risk of falling into consistent poverty.
It has suggested adjusting income measures for housing costs to capture the impact of the current housing crisis on the standard of living of Irish households.
The report also highlighted the need for a multi-faceted policy approach to reach children experiencing deprivation.

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