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The Thirty-first Amendment of the Constitution is an amendment to the Constitution of Ireland, relating to children's rights and the right and duty of the state to take child protection measures. It was effected by the Thirty-First Amendment of the Constitution (Children) Act 2012〔Although the act was not signed into law until 2015, its short title has 2012, as specified by section 2(2) of the act itself.〕 (previously Bill No.78 of 2012).〔〔(【引用サイトリンク】url=http://www.oireachtas.ie/viewdoc.asp?DocID=21772&&CatID=59 )〕 The bill was passed by both Houses of the Oireachtas (parliament) on 10 October 2012,〔 and approved at a referendum on 10 November 2012, by 58% of voters on a turnout of 33.5%. Its enactment was then delayed by a High Court case challenging the conduct of the referendum.〔 The High Court's rejection of the challenge was confirmed by the Supreme Court on 24 April 2015. It was signed into law by the President on 28 April 2015.〔(【引用サイトリンク】title=2015 Legislation )〕 ==Background== According to Aoife Nolan, "The limited consideration of children (and of children as right‐holders, specifically) in the 1937 Constitution is undoubtedly largely attributable to the contemporary societal perception of children as objects of parental rights and duties rather than autonomous right‐holders."〔Nolan 2007, "Children in the Eyes of the Irish Constitution"〕 The Constitution's framing of family and education rights in Articles 40 to 44 reflected Catholic social teaching as in ''Quadragesimo anno''.〔Nolan 2007, "Children's Rights in the 1937 Constitution"〕 Over the 1990s and 2000s, a political consensus developed in Ireland that children's rights needed to be strengthened in the Constitution to counterbalance family rights.〔Nolan 2007, "Previous Amendment Proposals and Events Leading up to the Proposed Amendment"〕 Numerous contemporary and historical cases of child abuse and neglect came to light, including many involving the Catholic Church. Reports, including that of the Commission to Inquire into Child Abuse and another by Catherine McGuinness, found that state agencies' hesitancy to act was partly from fear that hasty intervention might violate the parental rights guaranteed by the Constitution. There were other controversial constitutional judgments in court cases involving minors: "Baby Ann" was placed for adoption by unmarried parents aged one week and returned to them after two years when they married, despite having bonded with foster parents in the interim; and a man found guilty underage sex, after his defence of mistaken age had been ruled inadmissible under strict liability, had his conviction overturned when the strict-liability provision was ruled unconstitutional.〔 The 1996 Constitution Review Group recommended:〔 * an express guarantee of certain rights of the child, which fall to be interpretated () by the courts from the concept of 'family life', which might include :a) the right of every child to be registered immediately after birth and to have from birth a name :b) the right of every child, as far as practicable, to know his or her parents, subject to the proviso that such right should be subject to regulation by law in the interests of the child :c) the right of every child, as far as practicable, to be cared for by his or her parents :d) the right to be reared with due regard to his or her welfare * an express requirement that in all actions concerning children, whether by legislative, judicial or administrative authorities, the best interests of the child shall be the paramount consideration. The All-Party Oireachtas Committee's 2006 report on the family proposed inserting a section into Article 41:〔 :All children, irrespective of birth, gender, race or religion, are equal before the law. In all cases where the welfare of the child so requires, regard shall be had to the best interests of that child. A children's rights bill, the Twenty-Eighth Amendment of the Constitution Bill 2007, was introduced by the Fianna Fáil–PD government. The bill sought to replace section 5 of Article 42 with a new Article 42A, which had five sections; the first four broadly matched the amendment eventually enacted in 2015, while the fifth was: :1° Provision may be made by law for the collection and exchange of information relating to the endangerment, sexual exploitation or sexual abuse, or risk thereof, of children, or other persons of such a class or classes as may be prescribed by law. :2° No provision in this Constitution invalidates any law providing for offences of absolute or strict liability committed against or in connection with a child under 18 years of age. :3° The provisions of this section of this Article do not, in any way, limit the powers of the Oireachtas to provide by law for other offences of absolute or strict liability. The 2007 bill lapsed when the 29th Dáil was dissolved for the 2007 general election.〔〔(Twenty-eighth Amendment of the Constitution Bill 2007 ) Oireachtas〕 All main parties' election manifestos promised a children's referendum.〔Nolan 2007, "Introduction"〕 After the election, the 30th Dáil and 22nd Seanad passed parallel resolutions establishing a joint committee to consider the 2007 bill as the basis for a new amendment proposal. The committee requested public comment,〔(【引用サイトリンク】title=Joint Committee on the Constitutional Amendment on Children - Submissions - Tithe an Oireachtais ) 〕 held hearings,〔 * * 〕 and issued reports.〔(【引用サイトリンク】title=Joint Committee on the Constitutional Amendment on Children - Reports - Tithe an Oireachtais )〕 Its final report in February 2010 proposed a complete rewrite of Article 42 of the Constitution. The Fianna Fáil–Green Party government finalised the wording for an amendment bill in January 2011, just before the Green Party left government precipitating the 2011 general election. The bill which eventually passed was introduced by the new Fine Gael–Labour government in September 2012, substantially differing from the 2010 recommendation. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Thirty-first Amendment of the Constitution of Ireland」の詳細全文を読む スポンサード リンク
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