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Jon Don - Legal Research Discussion Law Reform Comission Report of Dec 2010
 

Jon Don - Legal Research Discussion Law Reform Comission Report of Dec 2010

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Jon Don - Legal Research Discussion Law Reform Comission Report of Dec 2010 at Inaugural Meeting of the MSGI was held on the 16th January 2011 in the Sheraton Hotel, Athlone.

Jon Don - Legal Research Discussion Law Reform Comission Report of Dec 2010 at Inaugural Meeting of the MSGI was held on the 16th January 2011 in the Sheraton Hotel, Athlone.

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    Jon Don - Legal Research Discussion Law Reform Comission Report of Dec 2010 Jon Don - Legal Research Discussion Law Reform Comission Report of Dec 2010 Presentation Transcript

    • Athlone 16th January, 2011
    • LRC Report “Legal Aspects of FamilyRelationships”Launched 21st December 2010Report: recommendations & draft billMinister Mary White- committed to passing theBill
    • 1. Terms Guardianship, Access, Custody- Parental Responsibility, contact, Day to day care2. All parents -auto guardianship3. Auto joint registration-birth cert4. Civil Partners & Step-Parents able to apply for parental responsibility5. Persons –*Loco Parentis & bona fide interest- day to day care *Loco Parentis- not the parent- good faith- parental role
    • 6.Consultation eliminated7.Persons-loco parentis/bona fide interest can apply for access8.Mother can refuse to name father on birth cert
    •  Rec’s 1,4,5 & 6 – position of the family Art. 41.1,41.2 Scrapping of Consultation unconstitutional – Art’s 41.1.1, 41.1.2 and 42.1 Art 42.1“The State acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children.”B v B, [1975] I.R. 54 SCCurious how proposed children’s referendum seeksto do away with this article!
    • Art 7.1 1989 UNCRC:“The child shall be registered immediately afterbirth and shall have the right from birth to aname, the right to acquire a nationality and asfar as possible, the right to know and be caredfor by his or her parents.”Extension of guardianship, access & custody tonon parents
    •  ECHR Article 8.1, 8.2Consultation required to vindicate everyone’sright to private and family life.No interference by public authority- non parents
    •  Bill will have to be redrafted Abolishment of Art 42.1 cuts away legal protection & case law precedent for consultation between parents “Baby Anne” case – Children’s rights not subordinate to parents-third party rights subordinate to parents Plan of action needed on both this LRC report and Children’s referendum. (March 25)