Presentation to the Joint Committee on the Constitutional Amendment on Children 23 rd July 2008

1. Presentation to the Joint Committee on the Constitutional Amendment on Children 23rd July 2008

2. Evidence-Based Research

3. Key Points • Children’s Rights in all types of families would benefit from protection – not just of married parents – as research shows that stigma is a factor in pregnancy outside marriage.

4. Key Points • Children from married parents would benefit from the option of adoption as research shows that pregnancies within marriage and relationships can be crisis pregnancies.

5. Key Points • Research shows that a sizeable number of children under the age of 17 engage in consensual sexual activity.

6. Purpose and Function of the Agency • The purpose of the Agency is to bring strategic focus to the issue of crisis pregnancy. • The function of the Agency is to implement a Strategy to address the issue of crisis pregnancy.

7. Mandates • A reduction in the number of crisis pregnancies by the provision of education, advice and contraceptive services. • A reduction in the number of women with crisis pregnancy who opt for abortion by offering services and supports which make other options more attractive. • The provision of counselling and medical services and such other health services for the purpose of providing support after crisis pregnancy.

9. Nationally Representative Data • The Irish Study of Sexual Health and Relationships, 2006 (ISSHR) (with Department of Health and Children) - 7,441 respondents • The Irish Contraception and Crisis Pregnancy Study, 2004 (ICCP) – 3,317 respondents.

10. Qualitative Research Topics • Concealed Pregnancy. • Teenage Sexuality in Ireland. • How Sexually Active Women Think about Fertility, Sex and Motherhood.

11. Children’s Rights • All Children in All Types of Families should be Protected.

12. Research Findings • Fear of perceived stigma around lone- parenthood and adoption. • 33% of births in 2006 were outside marriage (CSO). • 76% of women experiencing crisis pregnancy decide to parent- 38% rear the child alone.

13. Research Findings

14. Research Findings • Research found that 1 in every 625 births in a Dublin hospital and 1 in every 403 births in a rural hospital was concealed. • For 20 out of 51 women, the reason for concealment was attributed to avoiding stigma related to pregnancy and protecting their families from such stigma.

15. Adoption • The Agency defines crisis pregnancy as a pregnancy which is neither planned nor desired by the woman concerned, and which represents a personal crisis for her. The Agency understands this definition to include the experience of those women for whom a planned or desired pregnancy develops into a crisis over time due to a change in circumstances.

16. Research Findings • 28% of women and 23% of men with experience of pregnancy had experienced a crisis pregnancy. • 24% of these women and 22% of these men were married or engaged.

17. Absolute or Strict Liability • It is important that teenagers who are engaging in consensual sexual activity are not criminalised. • In 2006 there were 209 births to females aged 16 and under (preliminary CSO figures):

18. Research Findings • The age of First Sex is falling. • The median age of First Sex among 18 to 24 year olds is 17. • 31% of young men and 22% of young women in the 18 to 24 year old age category reported that they had sex at 16 or younger. • The average percentage of young people aged 15 having had sexual intercourse in other jurisdictions is 24% for girls and 30% for boys.

19. Research Findings (ISSHR) Age at first intercourse among 18 – 24 years olds

20. Research Findings (ISSHR)

21. Research Findings (ISSHR)

22. Research Findings (ISSHR)

23. Research Findings (ISSHR) • 85% of women who reported having sex at 15 or 16 reported equal willingness. • 62.8% of women who reported having sex before the age of 15 reported equal willingness. • The majority who had sex before 17 were in a steady relationship at the time.

24. Research Findings (ISSHR) Relationship Status at First Sex by Age of Sex – Women Aged 18-29

25. Research Findings (ISSHR) Age difference with partner at first sexual experience - Males

26. Research Findings Age difference to partner at first sexual experience - Females

27. Research Findings Those who had sex before 17 were significantly: • Less likely to have used contraception at first intercourse • More likely to experience crisis pregnancy later in life • More likely to report having sexually transmitted infections • More likely to regret that sex happened at that point

28. Research Findings

29. Research Findings • 11% of women and 4% of men in the 18-24 year cohort said that their partner was more willing to have sex the first time. • 30 women (0.8%) and 5 (0.2%) men out of sample sizes of 1,356 and 991 respectively reported being forced into first intercourse.

30. Absolute or Strict Liability • Finding a balance between protecting children from abuse and not penalizing teenagers engaged in consensual sexual experimentation is difficult. • A legal regime on the principle of strict liability should be structured such that experimental sexual behaviour between children of comparable age would be excluded from the ambit of a newly configured offence of statutory rape.

31. Absolute or Strict Liability • The Agency requests that recommendations are made to develop guidelines for health professionals and practitioners.

32. Constitutional Protection • The Irish Study of Sexual Health and Relationships references international research which suggests that skills based sex-education programmes aimed at developing competence, self-esteem and confidence can have the dual effect of delaying the age of sexual debut and reducing the level of adverse outcomes. • UNICEF concludes that improving access to contraception, providing quality education and building incentives to avoid early parenthood are the main characteristics of countries with lower rates of teenage pregnancy(Fraser, 2005).

33. Delay First Sex Campaign • To delay first sex among adolescents until they are 17 or older. • To give young people the skills and tools to say ‘no’ to pressure they come under to have sex e.g. from peers, boy/girlfriends, the media and cultural assumptions. • To give young people self-esteem and friendship skills so they can meet many of their social and emotional needs through themselves and friends rather than looking to sex to deliver this. • To increase use of contraception at first sex. • To increase involvement by parents. • To link with initiatives in school and out of school settings.

34. Age of Consent • The Agency would like a definitive and workable legal position on the age of consent to emerge. • Any decision taken should be consistent with regard to medical treatment; marriage; be gender neutral; be widely publicized.

35. Main points • Stigma is still an issue for unmarried parents and children would benefit from equal treatment irrespective of the marital status of their parents. • Crisis pregnancies can occur within marriage and the option of adoption should be made available to all parents. • The age of first sexual intercourse in Ireland is dropping. Although it is still below the average age in many other jurisdictions, the matter is unlikely to abate in future and this needs to be borne in mind of strict liability decisions.

36. Thank You • Katharine Bulbulia, Chairperson. • Caroline Spillane, Director. • Maeve O’Brien, Policy Officer.