Does Ireland measure up? Prenatal alcohol exposure and the application of protection rights under the United Nations convention on the rights of the child

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Abstract

This article examines protection rights under the United Nations Convention on the Rights of the Child 1989 (crc) and assesses the extent to which such protection rights are afforded to prenatal children in Ireland in the context of prenatal exposure to alcohol. It follows on from the article, "Overstepping the Mark?" (Broughton, 2016: 687-717) in which the author demonstrates the possibilities for the application of the crc to prenatal children. Within the context of protection rights under the crc, this article examines Irish law and policy on protecting children from prenatal alcohol exposure, through the lenses of both child protection and public policy. The central thesis of the article is that although Irish law has the potential to offer prenatal children crc protection rights from this type of harm, legal interpretation has hindered this potential and legal clarity is now necessary to bolster policy and practice, in the best interest of children.

Original languageEnglish
Pages (from-to)626-663
Number of pages38
JournalInternational Journal of Children's Rights
Volume26
Issue number4
DOIs
Publication statusPublished - 2018

Keywords

  • children's rights
  • Convention on the Rights of the Child
  • international law
  • prenatal child
  • protection rights
  • unborn child

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