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A Irlanda está ao rubro com o referendo ao Tratado de Lisboa a realizar na próxima quinta-feira. Para já, o resultado médio das sondagens dá uma vitória estreita aos partidários do Sim. Do lado do Não tem sido usado todo o tipo de argumentos. O meu preferido é este, do senhor Declan Ganley: o Tratado… «vai permitir a detenção de crianças com mais de três anos para fins pedagógicos». Ah!, a criatividade não tem limites…

Post “O Referendo Irlandês”, blog Da Literatura

Ganley defends comments on detention of young children
HARRY McGEE, Political Staff

Declan Ganley: defends comment in TV debateLIBERTAS ROW: THE FOUNDER of Libertas, Declan Ganley, yesterday became embroiled in a bitter row with pro-Lisbon political parties following his claims that ratification of the treaty would lead to the detention of young children for educational purposes.

Mr Ganley faced a chorus of criticism following comments he made during a TV debate on Wednesday night. He had claimed a clause in the Charter of Fundamental Rights would allow young children as young as three to be detained for educational purposes.

The Irish Times, 30.05.08

PROTOCOL
RELATING TO ARTICLE 6(2) OF THE TREATY ON EUROPEAN UNION ON THE ACCESSION OF THE UNION TO THE EUROPEAN CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

THE HIGH CONTRACTING PARTIES
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:

Article 1

The agreement relating to the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as he ‘European Convention’) provided for in Article 6(2) of the Treaty on European Union shall make provision for preserving the specific characteristics of the Union and Union law, in particular with regard to:
(a) the specific arrangements for the Union’s possible participation in the control bodies of the European Convention;
(b) the mechanisms necessary to ensure that proceedings by non-Member States and individual applications are correctly addressed to Member States and/or the Union as appropriate.

Official Journal of the European Union

ARTICLE 5

1.Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

(a) the lawful detention of a person after conviction by a competent court;

(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority of reasonable suspicion of having committed and offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts, or vagrants;

(f) the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

European Convention on Human Rights

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