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Modern Irish women & families deserve more than the reductive beliefs contained in the Constitution – Madigan

13th December 2020 - Josepha Madigan TD

Minister Josepha Madigan has urged the Government to restart plans to hold a referendum amending the Constitution to remove the references to a women’s place being in the home.

Minister Madigan said:

“Article 41.2 of the Constitution, which refers to a woman’s life within the home, is wholly discriminatory. It is also completely at odds with this Government’s policy regarding equality of opportunity and gender equality.

“The Constitution does not seek to define the place of men. It therefore follows that it should not seek to define the place of women. Our Constitution should not narrowly define our roles in society.

“In today’s modern Ireland, both mothers and fathers carry out important family duties in the home, as well as grandparents, siblings, carers, and others. While many parents do choose to stay at home to raise their families, we should not discriminate against working parents, and working mothers in particular, who make an invaluable contribution to Irish society. Therefore, I would like to see this anachronistic Article consigned to history. It does not represent the values and lives of modern Irish women and modern Irish families.

“Our Constitution is our fundamental law and a statement of our values as a society. The Irish electorate has helped to bring the Constitution up to date with our changing values over recent years – but Article 41.2 still remains, out of date and legally meaningless. Until 1973 the marriage bar restricted the employment of married women, often resulting in termination of employment. There was never an economic rationale behind the marriage bar. 1973 was far too late for its abolition – but 47 years later it is ludicrous that the backwards thinking behind the bar remains enshrined in our Constitution.

“I want to thank the members of the Citizens Assembly on Gender Equality who discussed the proposal at great length earlier this year. I acknowledge that this will require further legal examination and cross-party consensus – and hope that it can be progressed in the very near future.”

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