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

2. 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?

3. 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

4. b. Maternal alcohol consumption has Particular national relevance in Ireland
Highest estimated prevalence of alcohol use during pregnancy in the world % (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)

5. 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”.

6. 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

7. 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)

8. 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

9. 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)

10. 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

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

12. Thank you
Dr. Fiona Broughton Coveney (PhD University College Cork) Senior Lecturer & Programme Director for Postgraduate Law Griffith College Dublin