Undocumented Children in Ireland – A Children’s Rights Approach Tuesday 3 May 2016 Tanya Ward

UN Committee on the Rights of the Child on Ireland, Emphasizing that all children are entitled to the full protection and implementation of their rights under the Convention, the Committee urges the State party to ensure that the rights enshrined in the Convention are guaranteed for all children under the State party’s jurisdiction, regardless of their migration status or that of their parents, and to address all violations of those rights. In particular, the Committee urges the State party to: (a) Expeditiously adopt a comprehensive legal framework that is in accordance withaddress the needs of migrant children in the State party; (b) Ensure that the said legal framework includes clear and accessible formal procedures for conferring immigration status on children and their families who are in irregular migration situations; (c) Take measures to ensure that children in irregular migration situations are provided with independent legal advice and timely clarifications on their migration status.

Article 42 (a), Irish Constitution The State recognises and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights. 3

National Policy Framework for Children and Young People – Better Outcomes, Brighter Futures ( ) - Reduce discrimination and intolerance of all types experienced by marginalised groups [i.e. Travellers, Roma, migrants and asylum-seekers; children and young people with disabilities; those in care and detention; lesbian, gay, bisexual and transgender [LGBT] young people; and those from ethnic or religious minorities. - Ensure the ethos, policies, and practices of Government institutions and State-funded services (including schools) promote equal treatment and interculturalism, and have measures to protect against and remedy all forms of discrimination. - Ensure that Ireland’s law’s, policies and practice are complaint with the principles and provisions of the UN Convention on the Rights of the Child and its Optional Protocols with Ireland has ratified. - Provide children and young people with access to a remedy is there is a breach of their rights and promote knowledge of the Ombudsman for Children’s Office and the Equality Tribunal. 4

Thank you