Geraldine Fitzgerald is bitter, betrayed, broken. The case of her sister Kelly, who was beaten, starved and died aged 15 at St Thomas' Hospital in London, made headlines in 1993 and 1994 when the failures of the then Western Health Board to intervene and rescue her from the neglect, abuse and ill-treatment that eventually led to her death were exposed. Her parents, Sue and Des Fitzgerald, pleaded guilty to wilful neglect of Kelly and served 18 months in prison.

Much hand-wringing has taken place since then. An official inquiry was established but the full findings of its report, 'Kelly: A Child is Dead', which was completed in November 1995, were never widely published despite the fact that it listed a catalogue of maladministration and system failure in the handling of the case by the then Western Health Board.

We are talking about events that happened 13 years ago. In that time, no action has been taken to implement the recommendations of that report. From a legal perspective, most important of all would have been the holding of a referendum to give children the constitutional protection they need, especially in cases of abuse within a family.

The pressing need for that referendum is very clear to Geraldine Fitzgerald. She was desperate to give evidence against her father and mother in the Kelly case. But as a child, she needed her parents' permission to give evidence of their abuse. Not surprisingly, he did not give his permission.

The charge of assault causing actual bodily harm to Kelly against Susan and Desmond Fitzgerald was dropped. The Fitzgeralds pleaded guilty to the lesser charge of wilful neglect.

Not until earlier this year did the government promise a children's rights referendum so that children are protected by law in their own right. How many children since, in similar situations to Kelly and Geraldine, have not been allowed to give evidence of abuse by their parents? The urgency of this referendum was never more pressing.

During those 13 years, Kelly's little sister Geraldine grew up, first in foster care, then in a children's home, and later as an unhappy, haunted, distrustful and vulnerable adult.

For she too, she tells Justine McCarthy in her moving and disturbing report in the Sunday Tribune today, suffered unspeakable abuse at the hands of her parents.

That abuse is well documented. It was well known to social workers and to gardai and the evidence features strongly in the 'Kelly: A Child is Dead' report.

Just last year, Geraldine made a sworn statement to gardai alleging abuse at the hands of her parents when she was a small child. Yet no charges have ever been brought.

Incredibly, Geraldine has never seen the 'Kelly' report , nor was she even told of its existence, even though it describes in dreadful detail the abuse she suffered. Geraldine Fitzgerald is entitled to feel angry.

The minister for children, Brian Lenihan, says he will order a review of Geraldine Fitzgerald's case. It is the least he can do.

The state, social workers and gardai have all failed in their duty of care to Geraldine Fitzgerald, whose desire for justice has been thwarted at every turn. She must be given legal representation and provided with compelling reasons as to why her case was never taken up. If satisfactory answers cannot be given, she must be given proper redress.

This case expresses in the starkest terms why we need a referendum on children's rights. Children need to be able to stand before the institutions of the state as individuals, equipped with the same rights as adults, and not subjugated by and subordinate to the very adults who abuse them.