Aoife Daly

Children's Recovery after Early Adversity: Lessons from Intercountry Adoption

Research on children who have been internationally adopted provides many strong examples of resilience. This paper discusses what counts as resilience in intercountry adoption and includes new data from the first study in this area conducted in Ireland. As with studies conducted in other jurisdictions, the Irish data indicate a remarkable capacity for recovery from adversity in most, but not all, children after adoption and exposure to pervasive and permanent environmental change.

No Weight for “Due Weight”? A Children’s Autonomy Principle in Best Interest Proceedings

Article 12 of the un Convention on the Rights of the Child ( crc ) stipulates that children should have their views accorded due weight in accordance with age and maturity, including in proceedings affecting them. Yet there is no accepted understanding as to how to weigh children’s views, and it is associated strongly with the indeterminate notion of “competence”. In this article, case law and empirical research is drawn upon to argue that the concept of weighing their views has been an obstacle to children’s rights, preventing influence on outcomes for children in proceedings in which their best interests are determined. Younger children and those whose wishes incline against the prevailing orthodoxy (they may resist contact with a parent, for example) particularly lose out. Children’s views appear only to be given “significant weight” if the judge agrees with them anyway. As it is the notion of autonomy which is prioritised in areas such as medical and disability law and parents’ rights, it is proposed in this article that a children’s autonomy principle is adopted in proceedings – in legal decisions in which the best interest of the child is the primary consideration, children should get to choose, if they wish, how they are involved and the outcome, unless it is likely that significant harm will arise from their wishes. They should also have “autonomy support” to assist them in proceedings. This would likely ensure greater influence for children and require more transparent decision-making by adults.

Children, Autonomy and the Courts

In this book Aoife Daly reframes the status of children where courts decide their best interests, arguing that the Convention on the Rights of the Child ‘right to be heard’ is insufficient, and that autonomy should instead be the focus.

Free and Fair Elections for Some? The Potential for Voting Rights for Under-18s

It is argued in this book chapter that a somewhat false dichotomy has been created between adults and under-18s regarding the notion of capacity to vote. It is stated that the time has come for revisiting the current consensus of a voting age of 18 years both within international human rights law and at domestic level. Changes to voting ages must be made in order to recognize the new understanding of childhood and the capacities of children and young people, and consequently to accord children with much-needed (and deserved) political strength. Empirical research within developmental psychology is drawn upon to argue that the right to vote should be accorded to children, at least from the age of 12 years. The traditional denial of the right to vote to under-18s, and the potential for an evolution in practice towards recognition of this basic human right for this group, is examined. The treatment by legal systems (including international legal systems) of the factor of age is considered and the denial of voting rights to other repressed groups is highlighted. Contemporary thinking about the voting rights of adults with decreased capacity is analysed in order to further illustrate the argument that the blanket categorization of under-18s as incompetent for voting purposes is both illogical and unfair. Current state practice and recent developments are considered and the conclusion is drawn that, despite little progress in the area so far, there is potential for, and positive aspects to, according the right to vote to under-18s.