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Dublin: 6 °C Friday 24 May, 2013

Constitutional Convention to vote on amending ‘women in home’ clause

At its second meeting, the convention is looking at Article 41.2, which recognises woman’s life within the home and how it supports the State.

THE SO-CALLED ‘woman in the home’ clause in the Irish constitution will be voted on by the Constitutional Convention tomorrow.

Today saw expert presentation and engagement by delegates, which will be continued tomorrow before the Constitutional Convention votes on whether to alter the clause in the Constitution which places special emphasis on the place of women in the home.

In addition, it will hold a ballot on proposed measures to increase the participation of women in political and public life. During today’s event, the Convention heard from groups including the National Women’s Council of Ireland, Cúram, the 50/50 Group and Women for Election on the issue.

They also had group discussions and feedback sessions with the Convention’s delegates and heard presentations from academic experts in this sector.

Article 41.2

The discussion surrounds Article 41.2 in the Constitution, which states: “In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieve.

“The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to neglect of their duties in the home.”

Chairperson of the Constitutional Convention, Tom Arnold said:

Our Constitution gives special prominence to the place of the women in the home. Today, we heard a range of opinions which sought to find the optimum way to adapt this clause making it more relevant to contemporary Ireland.
We also examined ways of facilitating greater participation of women in public life and politics. Currently, women are hugely under-represented in these areas. While most felt this needed to be challenged, the exact nature of this will be decided by a ballot tomorrow.

At the first meeting of the convention last month, it voted in favour of lowering the voting age to 16. It also opposed reducing the presidential term.

If you would like to watch the convention tomorrow, the proceedings will be streamed live at: https://www.constitution.ie/OnlineStreaming.aspx

Read: Poll: Should the Constitution’s ‘women in the home’ clause be amended?>

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Comments (50 Comments)

  • “The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to neglect of their duties in the home.”

    Does this make austerity unconstitutional?

    Reply
    • don’t know …but article 9.3 makes big fat political pensions of those who voted for the bank guarantee illegal … methinks …as it blew Article 5 to shreds !

      Reply
    • No but I suppose it could be argued that if a mother had to take extra work and could prove in court that her duties in the home have suffered as a direct result of her having to take that work, which she only took as a direct result of austerity measures then I suppose there could be a case to have a court order for more money in child benefit, or another form of social welfare payment to be payed to the mother to the same value of the money from the extra work, however apart from proving her duties in the home have suffered she would have to prove that she took the extra work for economic necessity,which would have to be interpreted by the court. Which I assume would only accept the argument that it was necessary to take the extra work to literally keep the roof over the family’s head. So I suppose the short answer is there is an argument to be made, but a weak one, that would require a lot of proof. But I do need to stress on a more general note that there is a better alternative to austerity , it’s called stimulating the economy to grow, and a fundamental part of that is leaving people with some money in there pockets so they can spend it and grow the economy :)

      Reply
  • What about the Carers who cannot work but are getting fleeced by the government.Would this stand up in court.We cannot leave our loved ones to go to work.

    Reply
  • What? This existed? There are rely only a few women who do stay home. Encouraging a good working and balanced family life has been the norm for years.
    Personally I feel that if it is possible for you as a family to keep a parent at home -without taking too much from the state then do.
    But to say its a woman’s role well then that’s the dark ages lads. Would give the same to men and homosexual couples?
    And if this all boils down to sandwiches then who couldnt preoare a great one with some : brennans, derry and a slap of kerrygold?

    Reply
    • Let us not forget that back in the early 2000’s our good friend Charlie McCreavy introduced the tax credits system which in one sweep forced many mothers or fathers to leave the family home and join the labour force. Not being sexist but I’m sure their are some women who would liked to have remained at home rearing their children. This is just an observation not a judgement so go easy with the red thumbs.

      Reply
  • The only change to this part of the constitution should be to make it gender neutral. Fathers or mothers, one or the other should be permitted to stay at home with the full support of society / government to raise the kids. To assume that it will always be the man who continues to work is sexist. Some fathers want to be at home, and the state should be prepared to accept that. It’s sexist against men to assume that women are the primary caregivers, what about widowers?

    Why is it that I get the feeling that the motivation behind amending this element of the constitution is geared more toward ripping the lone parents off than anything else?

    Reply
  • Cliona 16/02/13 #

    I would love to stay at home and make sandwiches for my man and gladly let him make the money……..

    Spend my days making patch work quilts, pottery and hot apple pie’s

    Reply
    • Yeah me too….just to make sure he has whatever he needs when he gets home after a hard days work. Beer- ice cold, extra spicy curry, x-box set up, kids in bed, house pristine, all done in my suspenders and heels.

      Sigh. Now it’s never gonna happen.

      Reply
  • Another day, another vital issue taken care of by the esteemed constitutional convention.

    Reply
  • Got to love a country that enshrines itself in backwardness, where equality isn’t a given and where women’s rights can be decided upon by men.

    Reply
  • A useless article which, to my knowledge, has never been used on its own in a single constitutional law case. Indeed the narrow remit of the Constitutional Convention is redolent of Nero fiddling while Rome burns. It is Articles 15 to 28A (i.e. the provisions relating to the legislative and executive arms of government) which need serious reform not whether this or the other recent proposal about changing the tenure of President, who is largely a ceremonial position in Irish constitutional law, from
    7 to 5 years. It’s a total waste of time and taxpayers’ money.

    Reply
  • But.. But…

    Who is going to make me a sandwich??

    ;)

    Reply
  • jarpar 16/02/13 #

    Ireland emerging from the Dark Ages!

    Reply
  • Will this undermine the basis for Lone Parents Allowance? Is this its intention?

    Reply
    • Who knows but More than likely, there not trying to change it for nothing…
      All these little adjustment to our constitution… “to backward little Ireland ” to take it out of the “dark ages” really….
      Just wait, it’s in the future we will realise what we had and what some are so eager to give up or change in the name of “equality” or “modernising” what’s wrong with that article, it’s not doing any harm..

      Reply
    • Bridget, it is harmful because it doesn’t grant the fathers the same rights and promotes outdated traditional gender stereotypes.. The constitution should recognise all parents equally.

      Reply
    • Yea but Mick I am sure it’s not that they want to include the father, it’s that they want to stop paying out so much to lone mothers, make them work and stick the kids in day care

      Reply
    • Sorry, No its not harmful..How is being a “stay at home mum” outdated ??

      Reply
    • hi Sinead, they do actually want to bring in the recognition of both parents as opposed to just mothers. i was asked to be part of the panel tomorrow to represent a males perspective but couldn’t make it.
      Bridget, by out dated i mean that dads should also have the same rights and families be allowed to choose what’s right for them rather than the state say it’s the mothers role.

      Reply
    • Bridget 17/02/13 #

      True Mick… if they just added the words Father, Carer or Parent but my fear is they want to take away the constatutinal right of children to be cared for in their own home by a loving parent( mum or dad).. Just chipping away at the important things

      Reply
    • Bridget. i hope not as parents are recognised as the primary carer / educator of their child. If they do want to warp it like that or make any change it would have to be voted on in a referendum. any erosion of parents rights would not get a yes vote.

      Reply
  • This cannot b a good thing. All it’s doing is taking away basic rights of women, not empowering them. It’s not giving anything back to women, rather taking away their protection from the state. Under a guise of feminism and equality

    Reply
  • Looks like we are going to neglect our duties all thanks to our wonderful ‘family friendly’ ‘errant boys for Europe’ our children are our future government! If our wonderful ‘better halves’ can no longer provide for us due to slashed wages and proposals to slash the children’s allowance AGAIN then we will gracefully apply our rouge ‘war paint’ throw off our aprons and stop making humble pie!

    Reply
  • Liam 16/02/13 #

    This has to change, such an outdated and poorly-thought out concept.

    Reply
  • About time too.

    Reply
  • @ Stephen. Define the ‘natural law’, as you put it. Please feel free to extrapolate on your premise. We’re all waiting for your next incisive statement, with bated breath.

    Reply
  • This has been along time coming

    Reply
  • Stupid clause, granting special non working privileges to women.

    Best to remove it before they realise they don’t have to work

    Reply
    • Yes because forcing a woman to do something against her will like the commys do is a great idea isn’t it? What if she is a lone parent? Must she work and be forced to put her kids in a crèche with strangers?

      Reply
    • Stephen the problem is doesn’t recognise a dads right to do so either. in modern times the state need to recognise both parents rights to be equally involved in their children’s lives. ps people that work in childcare are not called “strangers” we’re called “childhood professionals” and provide early years care and education not babysitting or being a substitute parent.

      Reply
    • My wife is a homeschooler. And yes you are strangers Mick. we don’t wanna put our kids with people we don’t know mick. You can call yourself a professional all you want but your still a stranger and a mother is a greater professional than anyone in knowing how to love and take care of her child. Nor do we want our kids forced into school because my wife is not allowed to stay at home and forced out to work . This is not a forward modern step. Changing this would result in. Backward step in society. This is about destroying the role of mother and father in children’s lives by the liberals. Get the women out to work and drop their kids into a crèche to be brought up by strangers with different beliefs and principles and destroying that nurturing role given to a mother by the natural law, that’s what this is all about. It’s a vicious communist step backwards Mick. Thank you for your kind reply by the way.

      Reply
    • Hi Stephen, I totally respect your point of view regarding home schooling as a very close friend of mine (who works in the childcare profession) home schools all his children and they are having a fantastic education. The problem with the constitution is that it is promoting outdated gendered stereotypes when it only mentions mothers. I’m a dad of 3 and would love to have my rights recognised under the constitution as my wife done now. This discussion is about recognising both parents equally not taking rights away. Regarding your comments and language about childcare professional- I find it offensive, fine if you don’t personally agree that it meets your families needs, I respect that and applaud that you are doing what is right for your kids but there are lots of very dedicated and fantastic professionals working in childcare in Ireland and the way you refer to them is disrespectful.

      Reply
    • Do you mean my reference to them as strangers? But they are strangers, I don’t know them. As I said before they can call themselves professionals but it does not change the fact that I do not know them nor want my kids to be brought up and educated by people I don’t know with different beliefs and principles that contradict what I teach in the household. The mother is the primary nurturer and carer of the children. Men and women have their respective roles and that is what equality is. Taking those roles away from them and somehow recognising a fathers right to usurp the mothers role as primary nurturer of the children is actually a recipe for inequality.

      I don’t know how you find my comments offensive because that is not the intention of my comments. The purpose of my comments is not to give offence but to point out an obvious truth about the liberal crèche system. I wouldn’t hand my kids over to the public school system or any crèche for anything in the world.

      Reply
    • Stephen — You sound like a crazy fundamentalist.

      Reply
    • Stephen, apart from childbirth and breast feeding, i carry out the same role as my wife. attaching roles or attributes to genders is narrow minded and propagates out dated gender stereotypes.

      Reply
    • @ Keith Wizzey – the comment that you left for Stephen is disgusting. Given the statics there is a very real chance that someday, someone you love, will be told they have cancer and that comment will come back to haunt you and when it does, stop and think of Stephen.

      Reply
    • *statistics”

      Reply
    • A child needs a father and a Mother Mick. Both father and Mother unless out of neccesity who usurp each others roles around the household cause confusion as to who is who and that is somnething a child does not need.

      I understand the need to recognize fathers rights. I am all for that but there is certainly no need to amend or change this article that elevates woman to her appropriate and primary position in the househhold. men and women who seek to amend this article are promoting inequality.

      Reply
    • Stephen, I have to say I feel quite worried for your kids. It’s healthy for them to be in school socialising with other children. It’s not healthy for them to be brainwashed into outdated gender stereotypes. Who on earth are you to tell me what my role is as a female in a family? Your views are fairly disgusting and sexist.

      Reply
    • Stephen, it doesn’t cause confusion, it shows children that both parents are equally competent and active in their children’s lives. The modern parenting is the traditional one. Contrary to popular belief, the father who takes on a serious share of childcare and housework is not a new invention. Before the industrial revolution – a mere couple of hundred years ago – most men were stay-at-home fathers, skilled at comforting wailing babes and bathing squirming toddlers. Why get caught up in a narrow view of what parenting is? Outside of western culture the Aka Pygmies. Living in the jungles of the western Congo basin, Aka men are the world’s most dedicated dads. For 47% of each day they are either holding their children or are within arm’s reach of them. It’s the Aka man who will calm his crying infant in the night and actively involve in their child’s lives. When Europeans first arrived in Tahiti in the 18th century, they found that women could become chiefs while men routinely cooked and looked after children. In around one in four traditional cultures studied by anthropologists, men have played a major parental role. So there’s no “confusion” to be had by parents taking equal responsibility for their children. It’s up to us as parents to show children that regardless of gender we’re equally competent in the matter of raising children.

      Reply
  • Nobody is saying that its a woman’s place and if some of ye could re-read the article it’s not got anything to do with equality. Only that its dragging one gender down not elevating the other to the same status. Now that’s backwards.

    Reply
  • @Steohan Mc, women do not and never have decided the rights of men/fathers, its the courts, so get a grip and stop whinging like a pup!! please reply if it helps get it off your chest, if you have one

    Reply

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