Opinion: 'The government cannot credibly claim that the lack of protection of children in the care of the state is a new problem'
IN A LETTER to the government, Túsla, the State Claims Agency and the Children’s Ombudsman, published on Monday, the retired District Court Judge Dermot Simms warned of an “unprecedented crisis” arising from the lack of suitable placements for children in the care of the state.
Child protection failures The consequences of these systemic failures have been highlighted in a scoping study published last month by researchers at UCD’s School of Social Policy, entitled “Protecting Against Predators”. The key finding of the study, which involved interviews from stakeholders across a range of agencies working with children, is stark:
National scandal Matters came to a head in the 2000 case of TD v Minister for Education, in which the now-retired Justice Peter Kelly became so frustrated with the persistent failure of the state over many years to provide suitable accommodation and supports for vulnerable children with complex needs – which he described at that time as “a scandal” – he granted a mandatory injunction compelling the state to take the necessary actions to provide the required facilities.
Having been born, the child has the right to be fed and to live, to be reared and educated, to have the opportunity of working and of realising his/her full personality and dignity as a human being. These rights of the child… must equally be protected and vindicated by the State.
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