Ireland’s Ombudsman for Children, Emily Logan, will conduct an investigation into Gardaí’s recent decision to take two children from Roma families into care. The children were removed from their families, in Tallaght and in the Midlands respectively, on the basis that they did not resemble the people who claimed to be their parents. DNA tests were carried out which confirmed that the children and parents were biologically related. The children’s removal was initially prompted by a post on the Facebook page of the TV3 programme Paul Connelly Investigates. It followed mass media coverage of the removal of a blond child from a Roma camp in Greece. It later transpired that the child had been informally adopted by the Roma family, as they had claimed, and that she was the biological daughter of another Roma woman.
The Gardaí had placed the children temporarily in state care pursuant to their emergency powers under section 12 of the Child Care Act 1991. Section 12 allows Gardaí to place a child in the temporary custody of the HSE where an officer has reasonable grounds for believing that there is an immediate risk to the health and welfare of the child. Section 12 is only used where it is not possible to wait to apply for an Emergency Care Order in the District Court.
The role of the Ombudsman for Children was expanded specifically to deal with this matter. Ms Logan was given the power to conduct this investigation by Minister for Justice Alan Shatter under s42 of the Criminal Justice Act 2007.
Click here to read a press release from the Ombudsman for Children.
Commenting on the developments in Ireland and Greece, UN Independent Expert on minority issues Rita Izsák said “The recent activities of some national authorities to remove ‘non-Roma looking’ children from Roma families due to their alleged abduction has led to sensationalist media coverage, has been disturbing and may result in a dangerous, unwarranted backlash against Roma individuals and communities. Some authorities and media outlets appear to be working on the basis that the Roma are ‘guilty until proven innocent’.”
Click here to read Ms Izsák’s full statement.
Immigration barrister Garry O'Halloran BL has lodged a complaint with Gardaí about the events and the ensuing media coverage under the Prohibition of Incitement to Hatred Act 1989, arguing that the HSE, RTE and an Garda Síochána violated the Act. Section 3 of the Act prohibits "insulting visual images or sounds . . . having regard to all the circumstances, hatred is likely to be stirred up thereby" or "reasonably be inferred to stir up hatred".
Click here to read an article in the Irish Independent.
Click here to read an article on the Human Rights in Ireland blog.