Protecting children in the context of prenatal exposure to alcohol in Ireland Society of Legal Scholars 2017 108th Annual Conference Dr. Fiona Broughton Coveney

Structure of Discussion 1 – Why is prenatal exposure to alcohol in Ireland a children’s rights concern? 2 – What are Ireland’s legal and policy positions on alcohol use during pregnancy? 3 – What changes are necessary in the best interests of children in Ireland?

Physical malformations: Behavioural deficits: 1. Why is prenatal exposure to alcohol a children’s rights concern in Ireland? A) Alcohol is harmful to the development of the child in the womb (Massey & Massey, 2007) Physical malformations: Abnormal facial features Skeletal abnormalities Heart defects Urinary/kidney deficits Neural tube defects Deficits in: Language Comprehension Memory Learning Global Cognitive Function Behavioural deficits: Attentional problems Poor social/adaptive functioning Impulsivity Lying Stealing Chemical dependency Inappropriate sexual behaviour Mental health problems

b. Maternal alcohol consumption has Particular national relevance in Ireland Highest estimated prevalence of alcohol use during pregnancy in the world - 60.4% (Poplova et al, 2017) 63% of women in Ireland reported alcohol consumption during pregnancy (Coombe study, 2006) 75% of 15/16 year olds drink alcohol, of whom 28% binge drink (Health Research Board, 2016)

2 – Ireland’s legal and policy position A) at Law Constitution Legislation 40.3.1° - right to have life preserved and defended (Walsh J 1980; Irvine J 2008; Humphreys J 2016) 40.3.3° - mixed messages from courts Baby O [2002]; Ugbelase [2010] v E(O) [2008]; M(IR)[2016] 42A – protects “all” children (Humphreys J 2016) Child Care Act 1991 (as amended) S. 3 “to promote the welfare of children in its area who are not receiving adequate care and protection […] take such steps as it sees requisite to identify children who are not receiving adequate care and protection”.

2. Ireland’s legal and policy position B) In Policy Alcohol can cause a variety of birth defects An “occasional drink may do no harm” National Alcohol Policy 1996 Fleeting reference to pregnancy & alcohol Alcohol avoidance – driving, sport, water, machinery, DIY, workplace & pregnancy Strategic Task Force on Alcohol 2002/2004 Aim to reduce alcohol during pregnancy to reduce number of children born with Foetal Alcohol Disorders EU Strategy 2006

2. Ireland’s legal and policy position B) Policy continued Brief reference made to damage caused 4,500 children/year at risk of FAS/FASD HSE, ‘Alcohol Related Harm in Ireland’ (2008) Dealt with under “[E]ffects of alcohol on education” Health Research Board Report (2009) Acknowledges under-reporting of FASD Highlights need to raise awareness and increase public knowledge of risks National Drugs Strategy (2009 – 2016)

2. Ireland’s legal and policy position B) Policy continued Based on recommendations of National Drugs Strategy (2009 – 2016): Public Health (Alcohol) Bill 2015 Health labelling of alcohol products and promotional material (e.g., warnings, advice - including for pregnancy) Alcohol Action Ireland wary of measures Poised to be law by the end of the year

2. Ireland’s legal and policy position B) Policy continued Maternity hospitals to strengthen methods of detecting alcohol abuse and support women to reduce intake NWIHP to develop consistent approach to informing women about risks Expanding addiction services for pregnant women Responding to needs of women who are using alcohol in a harmful manner Department of Health, ‘Reducing Harm, Supporting Recovery’ (July 2017)

3. Changes necessary in the best interests of the child Clarity on protection under Constitution and legislation Existing policies must be implemented Data gathered | Campaign | Public Health Bill enacted

ConcLusion FAS/FASD is a major children’s rights concern in ireland Clarification of Law (Constitution & legislation) Implementation of health policy 2017- 2025 Reduction in FASD in best interest of child

Thank you Dr. Fiona Broughton Coveney (PhD University College Cork) Senior Lecturer & Programme Director for Postgraduate Law Griffith College Dublin fiona.broughton@griffith.ie