Thirty-first Amendment of the Constitution of Ireland

The Thirty-first Amendment of the Constitution is an amendment to the Constitution of Ireland, relating to children's rights and the right and duty of the state to take child protection measures. It was effected by the Thirty-First Amendment of the Constitution (Children) Act 2012 (previously Bill No.78 of 2012). The bill was passed by both Houses of the Oireachtas (parliament) on 10 October 2012, and approved at a referendum on 10 November 2012, by 58% of voters on a turnout of 33.5%. Its enactment was then delayed by a High Court case challenging the conduct of the referendum. The High Court's rejection of the challenge was confirmed by the Supreme Court on 24 April 2015. It was signed into law by the President on 28 April 2015.

According to Aoife Nolan, "The limited consideration of children (and of children as right‐holders, specifically) in the 1937 Constitution is undoubtedly largely attributable to the contemporary societal perception of children as objects of parental rights and duties rather than autonomous right‐holders." The Constitution's framing of family and education rights in Articles 40 to 44 reflected Catholic social teaching as in Quadragesimo anno. Over the 1990s and 2000s, a political consensus developed in Ireland that children's rights needed to be strengthened in the Constitution to counterbalance family rights. Numerous contemporary and historical cases of child abuse and neglect came to light, including many involving the Catholic Church. Reports, including that of the Commission to Inquire into Child Abuse and another by Catherine McGuinness, found that state agencies' hesitancy to act was partly from fear that hasty intervention might violate the parental rights guaranteed by the Constitution. There were other controversial constitutional judgments in court cases involving minors: "Baby Ann" was placed for adoption by unmarried parents aged one week and returned to them after two years when they married, despite having bonded with foster parents in the interim; and a man found guilty underage sex, after his defence of mistaken age had been ruled inadmissible under strict liability, had his conviction overturned when the strict-liability provision was ruled unconstitutional.

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