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LEGS6009 - Enforcement of Child Law

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Title:Enforcement of Child Law
Long Title:Enforcement of Child Law
Module Code:LEGS6009
 
Duration:1 Semester
Credits: 5
NFQ Level:Intermediate
Field of Study: Law
Valid From: Semester 1 - 2018/19 ( September 2018 )
Module Delivered in 1 programme(s)
Next Review Date: February 2021
Module Coordinator: Cian ONeill
Module Author: MOIRA JENKINS
Module Description: This module examines legal principles and obligations in the law of tort, employment law and child/family law as they impact on the provision of early childhood education and care and the enforcement of the rights of the child. Socio-legal issues on realising the rights of the child to non-discrimination, development and participation in early childhood education are explored, enabling critical analysis.
Learning Outcomes
On successful completion of this module the learner will be able to:
LO1 Describe the operation and impact of aspects of tort, employment and family law in early childhood education.
LO2 Critique key principles and processes applicable to early childhood services in tort: negligence, defamation, trespass against the person; employment and equality law; guardianship and consent, safeguarding obligations.
LO3 Evaluate the development of Irish family law and early educational entitlement, with particular reference to the rights of the child.
LO4 Engage in analysis of the law applicable to early childhood care and education, applying legal skills in problem solving.
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).

Early Childhood Law 1 or equivalent
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.

No requirements listed
 

Module Content & Assessment

Indicative Content
Aspects of Tort Law in Early Childhood education
Functions of tort law; liability and defences; remedies. Negligence - duty of care, standard of care, loss. Professional negligence and vicarious liability. Employers' liability. Trespass against the Person - right of the child to be free from any form of violence and bodily integrity, capacity and consent. Defamation, Children First Act (2015). Protected Disclosures.
Employment and Equality Law
Employment legislation. Employment Equality and Equal Status Acts. The contract of employment - express and implied terms. Protective legislation and family leave provisions. Termination of employment - Unfair Dismissals Act and wrongful dismissal. Enforcement of employment law.
Family and Child Law
The scope of family law. Constitutional and legislative provisions on guardianship, custody and access to and of children. Children and Family Relationships Act. Parental rights and duties. Domestic Violence. The educational rights of the child under the Constitution and legislation. Law reform in child and family law - implementing non-discrimination, protection and participatory rights of the child in early childhood.
Assessment Breakdown%
Course Work40.00%
End of Module Formal Examination60.00%
Course Work
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Presentation To prepare a training session on an aspect of the law of tort and/or family law for an audience of early childhood professionals, focussing on the interface between law and professional standards, highlighting relevant defences and remedies. 1,2,4 40.0 Week 6
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 60.0 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 3.0 Every Week 3.00
Independent & Directed Learning (Non-contact) Specific legal research into workplace practice 4.0 Every Week 4.00
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 3.00
Workload: Part Time
Workload Type Workload Description Hours Frequency Average Weekly Learner Workload
Lecture Class-based instruction 3.0 Every Week 3.00
Independent & Directed Learning (Non-contact) Specific legal research into workplace practice 4.0 Every Week 4.00
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 3.00
 

Module Resources

Recommended Book Resources
  • Doolan, B. 2011, Principles of Irish Law, 8th ed. Ed., Gill&Macmillan Dublin [ISBN: 9780717149896]
  • Thuillier, A. and MacDaid, C. 2015, Business Law in Ireland, 1st ed. Ed., Clarus Dublin [ISBN: 9781905536771]
Supplementary Book Resources
  • Shannon, G. 2016, Children and Family Relationships Law in Ireland, First Ed., Clarus Press Ltd Dublin [ISBN: 9781905536740]
  • Nestor, J. 2011, An Introduction to Irish Family Law, 4th ed. Ed., Gill&Macmillan Dublin [ISBN: 9780717149773]
  • Crowley, L. 2013, Family Law, 1st ed. Ed., Roundhall Dublin [ISBN: 9780414032286]
  • Tully, J. 2014, Tort Law in Ireland, 1st ed. Ed., Clarus Dublin [ISBN: 9781905536696]
  • Kennedy, D. & Maguire, E. 2016, Irish Family Law Handbook, 5th ed. Ed., Bloomsbury Professional United Kingdom [ISBN: 9781784515874]
  • Nolan, A. 2014, Children's Socio-economic rights, democracy and the courts, 1st ed. Ed., Bloomsbury Publishing United Kingdom [ISBN: 9781849467278]
Recommended Article/Paper Resources
  • Department of Children and Youth Affairs 2014, Better Outcomes, Brighter Futures: the National Policy Framework for Children and Young People 2014-2020
  • Courts service 2015, 'Family law'
  • Health and Information Authority 2012, National Standards for the Protection and Welfare of Children
Other Resources
 

Module Delivered in

Programme Code Programme Semester Delivery
CR_HECEC_7 Bachelor of Arts in Early Childhood Education and Care 5 Elective

Cork Institute of Technology
Rossa Avenue, Bishopstown, Cork

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