The Development of Child Protection Law and Policy
This book examines how child protection law has been shaped by the transition to late modernity and how it copes with the ever-changing concept of risk.
The book traces the evolution of the contemporary child protection system through historical changes, assessing the factors that have influenced the development of legal responses to abuse over a 130-year period. It does so by focusing on the Republic of Ireland where child protection has become emblematic of wider social change. The work draws on a wide range of primary and secondary sources including legislation, case law and official and media reports of child protection inquiries. It also utilises insights developed through an extensive examination of parliamentary debates on child protection matters. These materials are assessed through the lens of critical discourse analysis to explore the relationship between law, social policy and social theory as they affect child protection. While the book utilises primarily Irish sources, this multi-disciplinary approach ensures the argument has international applicability.
The book will be a valuable resource for all those with an interest in the development of child protection law.
Kieran Walsh is a Senior Lecturer in Family and Child Law at the University of Portsmouth, UK.
Studies in Citizenship, Human Rights and the Law
Series Editor:
Lela Choukrouneis Professor of International Law and Director of the University of Portsmouth Research and Innovation Theme in Democratic Citizenship. Her research focuses on the interactions between international trade and investment law, human rights, development studies, jurisprudence and social theory. It is also applied to emerging countries, India, China and East Africa in particular.
The series Studies in Citizenship, Human Rights and Law encourages a pluralistic vision of citizenship. The aim is to promote inclusiveness and rights at the local and global levels while approaching citizenship from a socio-legal perspective. The series may include comparative approaches along with books that focus on single jurisdictions, and brings together research monographs and edited collections which allow the expression of different schools of thought. Grounded in law and legal theory, where relevant, the series also welcomes contributions that take an interdisciplinary approach to rights and citizenship.
Titles in this series:
The Development of Child Protection Law and Policy
Children, Risk and Modernities
Kieran Walsh
For more information about this series, please visit: https://www.routledge.com/Studies-in-Citizenship-Human-Rights-and-the-Law/book-series/StudiesCHRL
The Development of Child Protection Law and Policy
Children, Risk and Modernities
Kieran Walsh
First published 2020
by Routledge
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and by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business
2020 Kieran Walsh
The right of Kieran Walsh to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice : Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
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ISBN: 978-0-367-27631-7 (hbk)
ISBN: 978-0-429-29698-7 (ebk)
Typeset in Galliard
by Deanta Global Publishing Services, Chennai, India
For Sarah and Benjamin
Contents
Ireland
- A v Governor of Arbour Hill Prison [2006] 4 IR 88 (HC, SC)
- AOD v Judge OLeary [2016] IEHC 555
- Article 26 and the Adoption (No 2) Bill, 1987, Re [1989] IR 656 (SC)
- Article 26 and the Employment Equality Bill 1996 , Re [1997] 2 IR 321 (SC)
- Attorney General v Edge [1943] IR 115 (SC)
- Attorney General v Hamilton (No 1) [1993] 2 IR 250 (SC)
- Attorney General v X [1992] 1 IR 1 (SC)
- Bode v Minister for Justice, Equality and Law Reform [2006] IEHC 341
- Bedford County Council v M; A v Child and Family Agency [2017] IEHC 583
- CC v Ireland [2006] 4 IR 1 (SC)
- Child and Family Agency v LH [2017] IEDC 17
- Child and Family Agency v OA [2015] IESC 52
- Child and Family Agency v SMcG and JC [2017] IESC 9
- Comerford v Minister for Education [1997] 2 ILRM 134 (HC)
- Cooke v Health Service Executive [2010] IEHC 503
- Coughlan v Broadcasting Complaints Commission [2000] 3 IR 1 (SC)
- Crowley v Ireland [1980] IR 102 (SC)
- CTL v Health Service Executive [2011] 3 IR 29, [2010] IEHC 467
- DB v Minister for Justice [1999] 1 IR 29 (HC)
- DG v Eastern Health Board [1997] 3 IR 511 (SC)
- Donnelly v Ireland [1998] 1 IR 321 (SC)
- Dos Santos v Minister for Justice [2015] IECA 210
- Doyle, an Infant , Re Supreme Court, 21 December 1955, [1989] ILRM 277
- EE v Child and Family Agency [2016] IEHC 777
- Eastern Health Board v E (No 1) [2000] 1 IR 430 (HC)
- Eastern Health Board v Fitness to Practice Committee of the Medical Council [1998] 3 IR 399 (HC)
- FA v Child and Family Agency [2018] IEHC 806
- FN v CO [2004] 4 IR 311 (HC)
- FN v Minister for Education [1995] 1 IR 409 (HC)
- Frost, Infants, Re [1947] IR 3 (HC, SC)
- G v An Bord Uchtla [1980] IR 32 (SC)
- Hanafin v Minister for the Environment [1995] 2 IR 321 (SC)
- HW and CW v North Western Health Board [2001] 3 IR 365 (HC, SC)
- I v Health Service Executive [2010] IEHC 159
- JB, Re; CB and PB v Attorney General [2018] IESC 30
- JG v Judge Staunton [2013] 1 IR 390 (HC)
- JH, an Infant, Re [1985] IR 375 (SC)
- Jordan v Minister for Children and Youth Affairs [2015] 4 IR 232, [2015] IESC 33
- Keenan, Infants, Re (1950) 84 ILTR 169 (HC)
- King v Attorney General [1981] IR 223 (SC)
- M v An Bord Uchtla [1977] IR 287 (SC)
- M, an Infant, Re [1946] 1 IR 334 (HC)
- M (Immigration) v Minister for Justice [2018] IESC
- McCrystal v Minister for Children and Youth Affairs [2012] 2 IR 726, [2012] IESC 53
- McGonagle v McGonagle [1951] IR 123 (SC)
- McKenna v An Taoiseach (No 2) [1995] 2 IR 10 (SC)
- MQ v Gleeson [1998] 4 IR 85 (HC)
- N v Heath Service Executive [2006] 4 IR 374 (HC, SC)
- NK v SK [2017] IECA 1
- OB v S [1984] IR 316 (SC)
- OConnor, Minors , Re High Court, 31 July 1946
- ODonoghue v Minister for Health [1996] 2 IR 20, [1993] IEHC 2
- ONeill v Minister for Agriculture [1998] 1 IR 539 (SC)
- OReilly v Limerick Corporation [1989] ILRM 181 (HC)