Module Details
| Module Code: |
LEGS6005 |
| Title: |
Early Childhood Law
|
|
Long Title:
|
Early Childhood Law
|
| NFQ Level: |
Fundamental |
| Valid From: |
Semester 1 - 2018/19 ( September 2018 ) |
| Field of Study: |
3800 - Law
|
| Module Description: |
This module is designed to examine the legal framework within which early childhood education and care workers operate; to introduce the rights of the child in early childhood; identify specific areas of law most frequently encountered in early child care practice and to provide students with a critical understanding of legal principles/methods facilitating future study and research.
|
| Learning Outcomes |
| On successful completion of this module the learner will be able to: |
| # |
Learning Outcome Description |
| LO1 |
Describe the structure and operation of the Irish legal system. |
| LO2 |
Identify the sources of Irish law, explaining how they interact with reference to specific examples relevant to early childhood education and care. |
| LO3 |
Discuss the salient legislation applicable to early childhood learning. |
| LO4 |
Explain key concepts in the regulatory framework to protect, promote and progress the rights of the child. |
| LO5 |
Evaluate the importance of legal regulation in early childhood service provision. |
| Dependencies |
Module Recommendations
This is prior learning (or a practical skill) that is strongly recommended before enrolment in this module. You may enrol in this module if you have not acquired the recommended learning but you will have considerable difficulty in passing (i.e. achieving the learning outcomes of) the module. While the prior learning is expressed as named MTU module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).
|
| Not applicable |
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module. You may not earn additional credit for the same learning and therefore you may not enrol in this module if you have successfully completed any modules in the incompatible list.
|
| Not applicable |
Co-requisite Modules
|
| No Co-requisite modules listed |
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed. You may not enrol on this module if you have not acquired the learning specified in this section.
|
| Not applicable |
| Indicative Content |
|
Nature and function of law
Introduction to the origins of the legal system; what is law?; divisions of law: civil and common law, substantive and procedural law, criminal and civil process; examples of recent relevant criminal, civil and constitutional cases to illustrate the impact of law with specific examples arising from early childhood service provision.
|
|
Sources of law
The Constitution - the organs of state, fundamental rights and children. Precedent/case law - doctrine of precedent/stare decisis, operation of precedent with case law examples arising from early childhood education provision; Legislation - primary Acts: enactment process,format,interpretation. Article 26 references. (e.g. Child Care Act 1991; Safety, Health and Welfare at Work Act 2005; Protected Disclosures Act 2014) and secondary/delegated legislation - e.g. Child Care (Pre School Services) Regulations 2006 ; European Community law and the European Union - Institutions, decisions/directives/regulations and implementation of Community law in Ireland e.g.EC (Hygiene of Foodstuffs) Regulations 2000; International law - dualism, article 29 and the UN Convention of the Rights of the Child.
|
|
Legal skills and analysis
legal research and method - where to find primary legal materials including legislation and case reports. Working with legislation - defining terms, checking currency and identifying good guidance and advice on compliance. The interface between law, policy and standards.
|
|
Administration of justice
the Courts system and the judiciary; the jurisdiction of the courts - criminal, civil and family; the legal profession; jury selection and function; the Courts Service; criminal and civil procedures; access to justice and legal aid; alternative dispute resolution, family mediation and the ombudsman for children. Remedies and enforcement.
|
|
An introduction to the rights of the child.
The Constitution, the family and the rights of the child; the family outside marriage; the United Nations Convention on the Rights of the Child and General Comment No. 7 on the rights of the child in early childhood; child protection - the Child Care Act as amended, national vetting, protected disclosures, section 246 Children Act 2001, Children First; National Children's Strategy; National Quality Framework for Early Childhood Education; the Ombudsman for Children and non-statutory children rights advocates - Children Rights Alliance
|
|
Aspects of Consent and Confidentiality
Informed consent, parental consent for a child, duty of confidentiality and exceptions, Data Protection and Freedom of Information
|
|
Safety, health and welfare in the early childhood education setting
Health and safety in the workplace and for 'persons at work'; legislation, enforcement and practical guidance for implementation in the EYE setting.
|
|
Module Content & Assessment
|
| Assessment Breakdown | % |
|---|
| Coursework | 50.00% |
| End of Module Formal Examination | 50.00% |
Assessments
| End of Module Formal Examination |
|
|
| Reassessment Requirement |
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.
|
The University reserves the right to alter the nature and timings of assessment
Module Workload
| Workload: Full Time |
| Workload Type |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
| Lecture |
Contact |
Class based instruction |
Every Week |
4.00 |
4 |
| Independent & Directed Learning (Non-contact) |
Non Contact |
Legal research |
Every Week |
3.00 |
3 |
| Total Hours |
7.00 |
| Total Weekly Learner Workload |
7.00 |
| Total Weekly Contact Hours |
4.00 |
| Workload: Part Time |
| Workload Type |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
| Lecture |
Contact |
Class based instruction |
Every Week |
4.00 |
4 |
| Independent & Directed Learning (Non-contact) |
Non Contact |
Legal research |
Every Week |
3.00 |
3 |
| Total Hours |
7.00 |
| Total Weekly Learner Workload |
7.00 |
| Total Weekly Contact Hours |
4.00 |
|
Module Resources
|
| Recommended Book Resources |
|---|
-
Davenport, R.. (2012), Fundamentals of Irish Law, 2nd ed.. Gill&Macmillan, Dublin, [ISBN: 9780717152681].
-
Maire Mhic Mhathuna (Editor), Mark Taylor (Editor). (2012), Early Childhood Education & Care, [ISBN: 9780717153244].
| | Supplementary Book Resources |
|---|
-
European Union Agency for Fundamental Rights and Council of Europe. (2015), Handbook on European Law relating to the rights of the child, FRA/CoE, Belgium, p.260, [ISBN: 9789287199171].
-
Shannon, G.. (2010), Child Law, 2nd ed.. 1-4, 10,11, Thomson Roundhall, Dublin, p.650, [ISBN: 9781858005249].
-
Byrne, McCutcheon, Bruton, Coffey. (2014), Byrne and McCutcheon on the Irish Legal System, 6th ed. Bloomsbury, London, [ISBN: 9781780435008].
-
Crowley, L.. (2013), Family Law, 1st ed.. Roundhall, Dublin, [ISBN: 9780414032286].
-
Nestor, J. (2011), An Introduction to Irish Family Law, 4th ed.. Gill&Macmillan, Dublin, [ISBN: 9780717149773].
| | Recommended Article/Paper Resources |
|---|
-
TUSLA. Child and Family Agency. (2015), Revised Inspection Tool. Inspection of
Pre-School Services.,
-
Government. Siolta - the National Quality Framework
for Early Childhood Education 2006,
-
National Children's Office/Office of the
Minister for Children. National Children's Strategy,
-
UN Convention on the Rights of the Child. International standards on the rights of
the child,
-
UN Committee on the Rights of the Child. (2007), General Comment No. 7: Implementing
Child Rights in Early Childhood,
| | Other Resources |
|---|
-
Website, Government. (2015), Irish Statute Book, Ireland,
-
Website, Courts Service. (2015), Information on the Courts Service, Ireland,
-
Website, Childrens Rights Alliance. (2015), Making Rights Real for Children: A
Children's Rights Audit of Irish Law, Ireland,
-
Website, Ombudsman for Children. (2015), Various articles and research, Ireland,
-
Website, Law Reform Commission. (2010), Various research and papers, Ireland,
-
Website, Department of Health and Children
website. (2015), Children First National Guidelines for
the Protection and Welfare of Children, Ireland,
-
Website, Citizens Information Board. (2015), Citizens information, Ireland,
-
Website, Irish Human Rights and Equality
Commission. (2015), Various, Ireland,
-
Website, EN - Gateway to the European Union. (2007), Treaties, information, and links
realting to the European Union., Europe,
|
|
