CHEV025 Evaluating ECEC Law in Ireland: Protecting Children’s RIghts and Wellbeing – Essay

Assessment – Essay

The provision of high-quality, safe, and well-regulated early childhood education and care (ECEC) services has been a critical priority in Ireland for decades. The legislative and regulatory framework governing this sector has evolved significantly, with key milestones including:

1. The Guardianship of Infants Act 1964
2. The Children and Family Relationships Act 2015
3. The Childcare Act 1991
4. The Child Care Act 1991 (Early Years Services) Regulations 2016
5. The Children First Act 2015
6. The Influence of Human Rights Treaties

Additionally, Ireland’s ratification of international human rights treaties, such as the United Nations Convention on the Rights of the Child (UNCRC) in 1992 and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2018, has significantly influenced the development of children’s rights in Ireland. The National Strategy on Children and Young People’s Participation in Decision-making has also been a key driver in this area.

Assessment Requirements

In an essay, evaluate how effective these laws and regulations are in:

1. Protecting children’s rights
2. Promoting children’s wellbeing
3. Holding ECEC service providers accountable

Address the following aspects in your essay:

Introduction (300 words)

Provide an overview of the topic and outline the purpose of the essay.

Main Body (2000 words)

The Guardianship of Infants Act 1964 (LO4)

• Consider the Act’s main provisions regarding guardianship, custody, and access while also including the voice of the child.

The Children and Family Relationships Act 2015 (LO4)

• Consider the key changes this Act introduced to the Guardianship of Infants Act 1964 regarding the extended parental rights and responsibilities of non-traditional families.

The Childcare Act 1991 (LO2)

• Consider the main provisions of this Act and its influence on the Early Childhood Education and Care (ECEC) sector in Ireland, including how it addresses children’s wishes and views.
• Examine how this Act has laid the foundation for later regulations.

The Child Care Act 1991 (Early Years Services) Regulations 2016 (LO5)

• Outline the key standards and requirements the 2016 Regulations introduce.
• Consider how effective Tusla’s inspection system is in ensuring compliance.
• Examine the impact the 2016 Regulations have on ECEC providers, e.g., staffing, facilities, and safety.

The Children First Act 2015 (LO2, LO3)

• Outline the main obligations this Act places on ECEC providers, and consider how it strengthens child protection in the ECEC sector and its impact on the overall legal framework for ECEC.

The Influence of International Human Rights Treaties (LO1, LO3)

• Consider the impact of the UNCRC, UNCRPD, and National Strategy on children’s participatory rights in Ireland and the implementation of these rights in the Early Childhood Education and Care (ECEC) sector.

Enforcement and Effectiveness (400 words) (LO1, LO2)

• Consider how well regulations are enforced by agencies like Tusla and what challenges Tusla faces in consistently implementing them.
• Assess the overall legal framework’s strengths and weaknesses and consider any potential improvements to the existing laws and regulations.

Conclusion (300 Words)

Summarize the key points discussed in the essay and provide a final evaluation of the effectiveness of the laws and regulations.

Assessment Details

Word Count: 3000 words (+-10%)

Weighting: 100%

Module Learning Outcomes Achieved:

1. Examine the structure of the Irish legal system with a particular focus on Early Childhood Education and Care.
2. Critically examine legislation and caselaw applicable to early years provision.
3. Evaluate the specifics of the National Participation Framework and its impact on child participation from a rights-based, inclusive approach.
4. Analyse how family structure and composition impact the rights of the child in Irish Law.
5. Interpret the role of Tusla, the child and family agency in childcare, welfare, and protection.

Assessment Requirements

The Assessment should:

• Include an introduction and conclusion.
• Demonstrate a comprehensive understanding of the relevant laws, regulations, and case law.
• Demonstrate in-depth independent academic research and strong academic writing skills.
• Meet the specified learning outcomes.
• Be submitted individually by the specified due date.

Presentation

• Font: Times New Roman or Calibri.
• Size: 14 (Headings) and 12 (Main text).
• Line Spacing: 1.5.

Layout

• Self-Reflection Form;
• Cover Page (Optional);
• Table of Contents;
• Self-assessed Rubric;
• Essay;
• Reference Section.

Assessment Methods

Assessment methods which enable students to demonstrate the learning outcomes for the module:

Learning Outcomes

On successful completion of this module, the student should be able to:

1. Examine the structure of the Irish legal system with a particular focus on Early Childhood Education and Care.
2. Critically examine legislation and caselaw applicable to early years provision.
3. Evaluate the specifics of the National Participation Framework and its impact on child participation from a rights-based, inclusive approach.
4. Analyse how family structure and composition impact the rights of the child in Irish Law.
5. Interpret the role of Tusla, the child and family agency in childcare, welfare, and protection.