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LEGS6005 - Early Childhood Law

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Title:Early Childhood Law
Long Title:Early Childhood Law
Module Code:LEGS6005
 
Duration:1 Semester
Credits: 5
NFQ Level:Fundamental
Field of Study: Law
Valid From: Semester 1 - 2018/19 ( September 2018 )
Module Delivered in 2 programme(s)
Next Review Date: February 2021
Module Coordinator: Cian ONeill
Module Author: MOIRA JENKINS
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:
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.
Pre-requisite learning
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
 

Module Content & Assessment

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.
Assessment Breakdown%
Course Work50.00%
End of Module Formal Examination50.00%
Course Work
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Essay A project on key aspects of the Pre-School Services Regulations 2006 and related legislative requirements and the realisation of the rights of the child to non-discrimination, protection and participation. 2,3,4,5 50.0 Week 7
End of Module Formal Examination
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Formal Exam End-of-Semester Final Examination 1,2,3,4,5 50.0 End-of-Semester
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 institute reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Workload Description Hours Frequency Average Weekly Learner Workload
Lecture Class based instruction 4.0 Every Week 4.00
Independent & Directed Learning (Non-contact) Legal research 3.0 Every Week 3.00
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 4.00
Workload: Part Time
Workload Type Workload Description Hours Frequency Average Weekly Learner Workload
Lecture Class based instruction 4.0 Every Week 4.00
Independent & Directed Learning (Non-contact) Legal research 3.0 Every Week 3.00
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. 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 [ISBN: 9789287199171]
  • Shannon, G. 2010, Child Law, 2nd ed. Ed., 1-4, 10,11, Thomson Roundhall Dublin [ISBN: 9781858005249]
  • Byrne, McCutcheon, Bruton, Coffey 2014, Byrne and McCutcheon on the Irish Legal System, 6th ed Ed., Bloomsbury London [ISBN: 9781780435008]
  • Crowley, L. 2013, Family Law, 1st ed. Ed., Roundhall Dublin [ISBN: 9780414032286]
  • Nestor, J 2011, An Introduction to Irish Family Law, 4th ed. 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
 

Module Delivered in

Programme Code Programme Semester Delivery
CR_HECEC_7 Bachelor of Arts in Early Childhood Education and Care 4 Mandatory
CR_HMOED_8 Bachelor of Education (Honours) in Montessori Education 4 Mandatory

Cork Institute of Technology
Rossa Avenue, Bishopstown, Cork

Tel: 021-4326100     Fax: 021-4545343
Email: help@cit.edu.ie