Note of Panel Discussion held in Birr Library, 16th August 2025:
From Cáin Adomnáin to Today – Exploring the Evolution of Children’s Rights in Ireland
by Caroline Hurley
Background
For Heritage Week 2025, the Museum of Childhood Ireland/Músaem Óige na Éireann, teamed up with Birr Library to create a series of exhibitions, workshops and a panel discussion. Entitled Seen And Heard, under the theme, Exploring Our Foundations, the project traced the story of children’s rights in Ireland from Cáin Adomnáin to the present day.
Key among the activities hosted was the Seen and Heard Panel Discussion, ‘From Cáin Adomnáin to Today – Exploring the Evolution of Children’s Rights in Ireland’, from 1.30 to 3.00pm Saturday 16 August 2025. The panel consisted of historians and children’s rights advocates describing and discussing children’s rights from early Irish law to present day protections and future ambitions.
Location choice was not accidental. Birr, Co Offaly became the birthplace of one of the world’s earliest child protection (and international humanitarian) laws – the fascinating Cáin Adomnáin, written in 679 AD. Also known as the Lex Innocentium (Law of Innocents*), Cain Adomnáin dates back to the Synod of Birr in 697 AD. The law gave protection to women, children, clerics and other non-arms-bearing people in time of strife, and was the first such known law in the history of Western Europe, if not the world. A copy of the book, Cáin Adomnáin, illustrated by artist Caroline Conway, is on permanent display in Birr Library.
The event was filmed, for viewing soon on the museum’s website. Irish Sign Language interpreters accompanied speakers. The panel was co-chaired by Eoin Murphy, youth rights citizen advocate; and Marie Baker, former Supreme Court judge with experience in Constitutional law relating to children, now Electoral Commission Chair.
Four panellists took part. Based in Birr, Dr James W. Houlihan is a retired solicitor and historian whose doctoral research culminated in the critically-acclaimed book, Adomnán’s Lex Innocentium and the Laws of War (Four Courts Press, 2020), a detailed exploration of Adomnán’s Text (currently out of print but queued for reprint.) Combining his legal expertise with rigorous historical scholarship, Houlihan situates this early medieval Irish code within the broader evolution of children’s rights.
Donnah Sibanda Vuma works for Limerick based NGO, Doras; supporting and promoting the rights of migrants in Ireland, and has particular concerns about the direct provision system. Donnah is currently undertaking a Masters in Peace and Development Studies.
Eamonn Carroll has practised as a family lawyer for over 30 years, championing child rights in the courts. A longtime family mediator, he spearheaded the establishment of Collaborative Practice for family law in Ireland.
Formerly of the Migrant Rights Center Ireland who organised Young, Paperless and Powerful, a creative youth project for undocumented young people, Mairéad McDevitt is a Dublin based Youth & Community worker and youth migrant rights consultant, focusing on those impacted by immigration policies.
Panel Presentations
Chairperson of Museum of Childhood Ireland, Majella McAllister opened the event, thanking about thirty people present for coming. She outlined elements and goals of ‘Seen and Heard’; the first event on Birr’s Heritage Week programme; fittingly, given the town as birthplace of Cáin Adomnáin/Lex Innocentium. She outlined objectives of the Museum of Childhood Ireland, designed according to United Nations principles, open to citizen participation, and putting into practice the ideal of cherishing all equally. The Museum serves both Irish people and the diaspora. She conveyed apologies from former children’s ombudsman and museum board member, Emily Logan.
Chair Marie Baker introduced James W. Houlihan, world expert and author on the Cáin Adomnáin text, whose subject matter of noncombatant rights and protections during war was not really formally developed again until the twentieth century.
James welcomed everyone to Birr. He framed Cáin Adomnán, translated as the Law of Adomnán, known also as Lex Innocentium, as a child protection measure introduced thirteen centuries ago. Contemporaneous Irish Annals refer to the text and enrolment ceremony. From Donegal, Adomnán was the ninth abbot of Iona, after St. Columba who founded the monastery there. Adomnán used his influence to persuade church and lay leaders to come to Birr to agree his inspired law on the glorious occasion of the 697 Synod convened by him.
The list of guarantors , all of whom probably attended, survives. At the top of the secular list is then Irish High King, Loingsech mac Óengusso, followed by 50 lesser kings. Bishop of Armagh, Fland Feblae mac Scandlin, heads up the list of 40 ecclesiastic leaders. These luminaries, about one hundred, are presumed to have gathered at the gates of St. Brendan’s Monastery, (now in ruins) bordering Emmett Square near Birr library. Remarkable in intent, substance, and delivery, the law was conceived to defend the defenceless, the non-arm-bearing non-combatants; to assure immunity to the harmless and innocent. Relevance to the current moment, in Gaza, Ukraine etc. is glaringly obvious.
Mankind’s humanity was now being commemorated, particularly relating to children, because Adomnán took a radical initiative in what was then an incredibly inegalitarian and hierarchical society where authoritarian kings were unquestioningly obeyed. Dr. Houlihan sketched the social and legal situation in 7th century Ireland. The Brehon Laws applied, with inequitable rules and restitutions linked to status, except when it came to children up to seven years old, who, whether progeny of king or commoner, received equal legal protection.
Also, when an adult female was killed, a significant penalty had to be paid, in contrast to all males over seven, requiring little or none. These rule outliers gave Adomnán enough to make the case that penalties should also be paid for boys killed until they reached manhood. He was able to convince prominent social figures, expected to hold entrenched views and enmities, to change their minds. Historical research confirms that this is the first such law of its kind, prefiguring the Geneva Convention, to be promulgated in Europe and perhaps in the world. As lawmakers flurry to revise shortcomings emerging in international law, the importance of Cáin Adomnáin grows even greater as a foundation stone to build on.
The chair then asked Eoin Carroll to sum up developments in children’s law. He expressed delight at being present, while starkly aware of the theme’s relevance to ongoing global conflicts. Progress had steadily been made away from harsh Victorian statutes, such as corporal punishment, especially with the 1989 UN Convention on the Rights of the Child. Having it written down makes a difference. Eventually Ireland began to draft parallel laws, such as the children’s rights referendum resulting in a 2012 Constitutional amendment prioritising children’s own voices and best interests.
Work in court had changed a lot. The Children’s Rights Alliance did great work. Judges and other parties were receiving appropriate training, resulting in better understandings and outcomes. Disputes about child custody heard in district courts were complex. Authority was giving way to flexibility and support. Court representation for children is now routine, although children in care, especially those with special needs, disabilities, and Travellers, are still often let down by inadequate services. Frequently, agencies have to be pressurised and cajoled into providing services children are entitled to. Accountability generally works, for example, when the court requires named service providers to appear in court. The problem now is not process but availability of resources, impeding implementation of rulings.
Next, the chair introduced Donnah Sibanda Vuma, child advocate who, after coming through Ireland’s international protection system with three children in 2014, brought first-hand knowledge to her role. She commended Ireland’s stance championing children’s rights; less so, failures to enact those rights. She warned that marginalised children were being excluded, and left behind which, in light of Ireland’s history of institutionalisation, was alarming. Would detention centres be condemned in future like Magdalene Laundries? To prevent this, she suggested being ambitious, going for true equality so that no child would ever face street or structural violence, and the most vulnerable would never be abandoned between child protection cracks, as happens to this day.
Mairéad McDevitt agreed that there was a disconnect between laws and process, and how they play out in children’s lives i.e. provisions fall short to address poverty, overcrowding, health needs etc, imperilling safe dignified existences. Today’s legal framework only covers some children. Citing migrants, she demonstrated that migration is very common. Nearly everyone does it at some point. A mindset conflating migration with impermanence leads to assumptions damaging for children, because residency status determines futures and ability to plan. Migrants, especially those undocumented, have fewer options, more obstacles. Destructive features of the family reunification policy ignore circumstances, hampering adjustment. Wealthy Ireland is not rushing to fix these issues. The EC legal framework adds to challenges by not accounting for socio-economic realities like homelessness, which leaves children in dangerous vulnerable places. Statutes are easy; incarnating them, not so much. Ramifications are very serious for children impacted.
The chair noted that the citizenship referendum set progress back, with paternalism remaining in the system, but in any case, the court could not be held responsible for all failures.
Panel Discussion & Close
A discussion then took place about what could be done to improve matters. Suggestions included: adopting the Lundy model, ensuring children have choices, agency, and spaces to play, listening that isn’t just a box-ticking exercise; informing and educating all parties and the public; instituting child and family approaches cross-departmentally for all policies; harnessing political will which not only drives narratives but determines systemic results; creating opportunities to talk and reduce hate; and service auditing, which proves effective.
The chair said that children need to know that rights come with obligations, for example, if the voting age was reduced to 16, a controversial topic open to political manipulation. The chair said the youth have been left a mess to clean up. At least reports of the Ombudsman show they were listening. and the role was advancing, including more recommendations on homelessness, IPAS (International Protection Accommodation Services), and other urgent hindrances. On that note of hope, the event was brought to a close.
Related Activities
Concomitantly in the library, a thought-provoking exhibition created by the Museum of Childhood Ireland, working with artist Fergal McCarthy, explored the history of children’s rights in Ireland. This work incorporated school visits with children in Birr and Dublin and workshops with local Birr groups Biorra le Gaeilge and Elm Grove House, IPAS Centre and was carried out using the Lundy Model of participation. Open to adults and children of all ages, the exhibition highlighted fascinating children’s rights milestones through imaginative and curiosity-sparking drawings by the artist and collaborating groups. Creative drop-in workshops with the artist were held through the week. A specially-created suitcase—filled with interactive games and hands-on activities about children’s rights— stayed with the exhibition in Birr Library until Saturday 23 August, offering ongoing opportunities for discovery and engagement throughout Heritage Week.
Endnotes
*On 21 September 2024, International Day of Peace, Lex Innocentium 21st Century was launched in Birr and Lorrha as a new people’s or popular law on war, based on the original 697 CE law enacted in Birr at the Synod instigated by Adomnán, abbot of Iona, as reported here – https://innatenonviolence.org/wp/2024/10/01/news-october-2024/
Author’s reflection: law and money only go so far. Auditing and accountability as mentioned engage commitment and action, while fairness and kindness improve everything making disappointments tolerable. Regaining humanity is the shared universal necessity.
