Kieran McGrath, a Child Welfare Consultant, wrote:
Preparing for 'children referendum' - The Irish Times - Wed, Oct 31, 2012
That is nonsensical because giving abusive parents access to their children is a violation of Article 42.5 of the Constitution:For example, I am aware of cases where men who have admitted to sexually abusing their own children were still able to force judges to give them supervised access, against the wishes of the children. This has occurred because the courts could not ignore parental rights and the children had no explicit rights enshrined in the Constitution.
Furthermore, it's a violation of the constitutional right to bodily integrity'“In exceptional cases, where the parents for physical or moral reasons fail in their duty towards their children, the State as guardian of the common good, by appropriate means shall endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.”
Why would a judge interpret the constitutional position of the family as giving abusive married parents the right to have access to their children?