3 Irish Youth Justice Law and Policy
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Ursula Kilkelly
Abstract
Article 4 of the United Nations Convention on the Rights of the Child (CRC) requires that state parties adopt all appropriate legislative, administrative and other measures to implement children’s rights and research has shown that these measures combine to enhance children’s lived experiences of their rights (Kilkelly et al, 2021). As the international children’s rights standards make clear, child detention does not exist in a vacuum, but rather is part of the national response to children who come into conflict with the law. In this regard, this chapter traces the development of Irish law and policy in the area of youth justice, from a history of institutionalized care to a more progressive, rights-based approach. The chapter begins with a brief history of the Irish youth justice system, identifying the reforms that gave rise to the contemporary legislative framework. Administrative responsibility for youth justice is outlined and the policy developments and priorities are set out. The chapter ends with some conclusions about the nature of the Irish youth justice system, highlighting the importance of ensuring that the law and policy platform, on which detention is based, must itself be rights-based in order to advance children’s rights.
By most standards, Ireland is considered to have a mainly progressive approach to youth justice that largely coheres with international standards of children’s rights (Kilkelly, 2006). An overhaul of the legislative framework took place during the 1990s, coinciding with Ireland’s ratification of the CRC in 1992 and following several decades of parliamentary review and inquiry into the child welfare, reformatory and industrial school systems (Sargent, 2016).
Abstract
Article 4 of the United Nations Convention on the Rights of the Child (CRC) requires that state parties adopt all appropriate legislative, administrative and other measures to implement children’s rights and research has shown that these measures combine to enhance children’s lived experiences of their rights (Kilkelly et al, 2021). As the international children’s rights standards make clear, child detention does not exist in a vacuum, but rather is part of the national response to children who come into conflict with the law. In this regard, this chapter traces the development of Irish law and policy in the area of youth justice, from a history of institutionalized care to a more progressive, rights-based approach. The chapter begins with a brief history of the Irish youth justice system, identifying the reforms that gave rise to the contemporary legislative framework. Administrative responsibility for youth justice is outlined and the policy developments and priorities are set out. The chapter ends with some conclusions about the nature of the Irish youth justice system, highlighting the importance of ensuring that the law and policy platform, on which detention is based, must itself be rights-based in order to advance children’s rights.
By most standards, Ireland is considered to have a mainly progressive approach to youth justice that largely coheres with international standards of children’s rights (Kilkelly, 2006). An overhaul of the legislative framework took place during the 1990s, coinciding with Ireland’s ratification of the CRC in 1992 and following several decades of parliamentary review and inquiry into the child welfare, reformatory and industrial school systems (Sargent, 2016).
Chapters in this book
- Front Matter i
- Contents iii
- List of Cases and Instruments iv
- List of Figures vi
- About the Authors vii
- Acknowledgements viii
- Foreword ix
- Introduction 1
- Children’s Rights in Detention 5
- An International Perspective 20
- Irish Youth Justice Law and Policy 35
- Introducing Child Detention in Ireland 50
- Oberstown and the Process of Change 68
- Implementing Children’s Rights in Detention 87
- Children’s Rights to Protection from Harm 105
- Staff Wellbeing and Communication 122
- International and National Influences and Advocacy 139
- Reflections: Enablers and Barriers to Reform 155
- Afterword 177
- References 180
- Index 203
Chapters in this book
- Front Matter i
- Contents iii
- List of Cases and Instruments iv
- List of Figures vi
- About the Authors vii
- Acknowledgements viii
- Foreword ix
- Introduction 1
- Children’s Rights in Detention 5
- An International Perspective 20
- Irish Youth Justice Law and Policy 35
- Introducing Child Detention in Ireland 50
- Oberstown and the Process of Change 68
- Implementing Children’s Rights in Detention 87
- Children’s Rights to Protection from Harm 105
- Staff Wellbeing and Communication 122
- International and National Influences and Advocacy 139
- Reflections: Enablers and Barriers to Reform 155
- Afterword 177
- References 180
- Index 203
