Details of the proposed amendment are still being finalised, so the wording will not be published for a short time yet, however some of the proposed amendment are as follows;
In a reworking of the language of the 1916 Proclamation, the committee proposed that â€œthe State shall cherish all the children of the State equallyâ€. (The Proclamation says â€œchildren of the nationâ€).
Currently, it is virtually impossible for a child of married parents to be placed for adoption but the Governmentâ€™s proposed amendment will authorise the principle of adoption, irrespective of the parentsâ€™ marital status.
The Governmentâ€™s wording will set out, as one source put it, â€œwhat the State can or canâ€™t do, when, and in what circumstancesâ€.
As soon as the wording becomes available I will update the post.
How will you be voting?
And the wording is as follows :
Proposed New Article 42A
1. 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.
2. 1Â° In exceptional cases, where the parents, regardless of their marital status, fail in their duty towards their children to such extent that the safety or welfare of any of their children is likely to be prejudicially affected, the State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents, but always with due regard for the natural and imprescriptible rights of the child.
2Â° Provision shall be made by law for the adoption of any child where the parents have failed for such a period of time as may be prescribed by law in their duty towards the child and where the best interests of the child so require.
3. Provision shall be made by law for the voluntary placement for adoption and the adoption of any child.
4. 1Â° Provision shall be made by law that in the resolution of all proceedings -
i brought by the State, as guardian of the common good, for the purpose of preventing the safety and welfare of any child from being prejudicially affected, or
ii concerning the adoption, guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.
2Â° Provision shall be made by law for securing, as far as practicable, that in all proceedings referred to in subsection 1Â° of this section in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child