The Gazette 1977

GAZETTE

A P R IL 1977

The Resolution "That the Solicitors' Apprentices' Debating Society of Ireland is worthy of the support of Solicitors' Apprentices, of the Council of the Incorporated Law Society of Ireland, and of the Solicitors' profession" was proposed by Senator Mary Robinson, President of CHERISH. In the course of her speech, Senator Robinson said. Despite the firm and repeated commitment by the Government that it will introduce a constitutional amendment to regularise the law and practice relating to adoption there has been no indication of the precise nature of this amendment. Meanwhile, seven months have gone by and now we are into an election year. It is most important that the Government's intention be carried out, but also that the scope of the proposed amendment be broadened to ensure that it redresses the present imbalance in the Constitution and provides a clear statement of the rights of children and of their equality before the law. Earlier this week the Irish Council for Civil Liberties made specific proposals and suggested a form of wording of any such amendment. The report emphasised four points: Firstly, that the rights of parents should continue to be guaranteed but should no longer be defined as imprescriptible or inalienable. This would make it possible for legitimate children to be adopted in cases where their parents had abandoned them or seriously illtreated them — instead of spending their young lives in institutions or fosterage as many do at present. Secondly, a new balance should be established between the rights of parents and children's rights. The 1937 Constitution is biased in favour of the rights of parents. Thirdly, the protection of the rights of children should be recognised as a special responsibility of the State, which would involve independent legal representation for children where their interests require it. Fourthly, discrimination between children based on parentage alone should be prohibited. The precise wording recommended to achieve this position would require an addition of a new subsection to Article 41 as follows: "Equality of rights under the law shall not be denied to any child on the basis of status at birth or parentage." That statement, inserted in the Constitution would ensure the abolition of the legal concept of illegitimacy, and would prevent a legal distinction being made between the constitutional rights and protection afforded to a family based on marriage and one not based on marriage. I believe there is considerable and growing support in the community for such a reform and that public attitudes and prejudices would change even more quickly if the Government were prepared to give a lead. The law is not neutral on this point — it both reflects and influences public attitudes. For that reason it would be unrealistic to wait until there was overwhelming support for such a move — the moral responsibility for leadership must be accepted. The constitutional and legal position is important but forms only part of the picture. Lawyers should also have a deep concern for the social dimension. The world through the eyes of a single mother is a difficult and some times hostile environment in which she suffers a cumulative series of disadvantages. Being a woman she can expect to fill the lower paid jobs and to be discriminated against in access to employment, promotion, training and pension rights. If she was

employed before her child was bom it may be difficult or impossible for her to return to her job. The absence of adequate nursery facilities, and in particular the lack of any state-subsidised nursery for a child under 10 months, is a great hardship. If her job involved working on Saturdays, such as in a shop, hotel or laundry, it could easily cost £5 to get a childminder for the day. She has to cope alone with problems of accommodation hire purchase agreements, etc. She may feel isolated and alone in coping with decisions affecting her child and in particular the child's relationship with its father. She may have to decide whether to bring affiliation proceedings, whether to encourage a relationship between child and father (who may be a married man) and worry about how to ensure the balanced emotional development of her child. So far the Irish community has been slow to respond and to provide adequate supports and services in order to help the single mother cope with this cumulative series of problems. Only one local "housing authority — Cork City — has been prepared to recognise the single mother and child as a family unit which should receive favourable consideration in the housing list. The Health Boards acknowledge a general responsibility for giving advice and help but lack specialised personnel. There are no subsidised nurseries for children under 10 months and very few for pre-school children. The working single mother could expect to pay an average of £7-£8 a week on nursery fees. Alternatively, she and her child could try to learn to live on £14.30 a week, rising to £15.65 in April. Clearly, the Health Boards should increase their involvement at two levels: firstly, by providing and subsidising nurseries that cater for very young children — with a higher ratio of qualified staff, and secondly, by developing daily child-minding and compiling a register to ensure proper standards and safeguards. A conscious attempt should be made to provide an adequate advice service throughout the country, and not just in Dublin and the cities. It has been the experience of Cherish that about 25% of the girls who contact them each year have left their home in the country to seek help in Dublin and have an immediate problem of accomodation, job finding etc. Either there is no community service in their locality or they lack confidence in the service offered. We have become increasingly aware of, and alarmed by, the high abortion figures for Irish women going over to England for that purpose. Yet we seem reluctant to take elementary steps to reduce that figure — by a comprehensive system of family planning advice and services, and by creating a caring supportive community environment for the single mother who has rejected that option and decided to have her child and to assume all the r e s p o n s i b i l i t i es of a s i n g le pa r e n t. This Resolution was duly seconded by the President, Mr. Bruce St. John Blake, who said: Before bringing this meeting to a close I am very glad to be afforded the opportunity of expressing certain personally held views which I am satisfied reflect the attitude of the Solicitors' Profession on the entire subject of Family Law in the Republic of Ireland and with particular reference to the question of illegitimacy. It is both the right and the duty of lawyers to speak out loudly and clearly to the community to point out defects

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