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Dublin: 10 °C Wednesday 22 May, 2013

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

Is the special prominence given to the place of the women in the home now out of date?

Image: Tophams/Topham Picturepoint/Press Association Images

WHEN THE CONSTITUTIONAL Convention meets this weekend, it will consider a proposal to amend the ‘women in the home’ clause in Ireland’s Constitution.

Article 41.2 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.”

Many feel the clause is antiquated and should be changed to reflect a more contemporary Ireland. But what do you think?

Should the Constitution’s ‘women in the home’ clause be amended?


Poll Results:





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Comments (127 Comments)

  • Should be amended to guarentee that a parent, guardian or career is guaranteed a secure place looking after either children, the elderly or disabled without gender discrimination.

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  • It should be removed. Its not only sexist towards women but also to men. There are many men out there raising kids and doing a great job of it. If the State can finally acknowledge that parents of both sexes can do a great job it might mean more equality for both women and men where family and children are concerned.

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    • now that’s equality people!

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    • That was exactly what I was thinking. Fathers who stay at home to care for their kids deserve the same recognition and protection as mothers who do same.

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    • siobeli 14/02/13 #

      Completely agree, with the change in the constitution, from this could flow a change is maternity leave, so that a father could take a portion of it, giving the family options.
      The reality is that many women earn more than men in the relationship, making maternity leave financially difficult. I know my partner would love to take time of to care for our children.
      It is good for the child to bond with both parents and in an economic perspective, if a father took maybe 2/3 months of maternity leave, this would mean someone would get a job during this time and gain experience.

      Reply
  • I love women.

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  • Change it so it’s gender neutral or scrap it altogether. Lots of Dad’s staying home these days too whether by circumstance or choice, shouldn’t they be just as supported?

    Is a clause like this even relevent in this day and age? The tax system basically contradicts the constitution anyways (look at the difference between the home carer credit and the PAYE credit) it clearly says quantitatively that the state values working people more than stay at home parents. So if it stays in the constitution perhaps the tax system should be amended as well. The long-term societal values of stay at home parents should be given certainly be given equal consideration to the economic value of working parents.

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  • The problem with it is that inshrines in the constitution the archich notion that a mothers “duty” is to be in the home. In practical terms it’s of little consequence because it’s ignored anyway as is shown by the number of working mothers out there with little or no support from the state. What I’d be more worried about is what else they are going to try to ammend while they have the bonnet open that they’re smokescreening us with this trivial but emotive matter that’s bound to divert everyones attention away from what they are actually doing.. Not that I’m cynical at all you understand….

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  • Of course 41.2 should be amended – it is sexist, outdated, and has, in fact, been used by the judiciary to justify tax and welfare discrimination against women. Moreover, it speaks of women ‘neglecting their duties in the home’, but makes no reference to husbands or fathers. This article should have no place in the 21st century. If amended, it should offer a gender-neutral vision on care and the private sphere.

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    • Actually a gender-neutral constitutional recognition of care-work as *labour* would be pretty good.

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    • In addition to the sexism, it is also meaningless. “neglecting duties (even as Parent / carer)” happens anyway – witness the amount of feckless parenting and its consequences in our society.

      And the whole “economic necessity thing” ? that is just insulting. A bit like a UN declaration in terms of being a wishy washy aspiration devoid of any connection with macro or microeconomic and societal issues that are bigger than we can overcome.

      To make this effective, you would also have to fix ALL failing parents in the country. It is not just a money problem.

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    • @ Mark.

      Time for you to get back to the ironing

      Reply
  • Definitely needs to be amended, that missing ‘d’ at the end of ‘achieve’ is doing my head in.

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  • Scrap the entire constitution while you’re at it, we need a new one to go along with a Second Republic of Ireland. The first one has too much baggage

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  • Of course it should. The whole thing is outmoded and not fit for purpose. The Irish constitution is mired in the 19th century written by a bunch of men whose deference to the catholic church made the whole thing a reflection of catholic teaching and thinking which even for the time was backward and out of touch with reality. Any new constitution should steer well clear of religion and sexism, it needs to be fit for purpose and fit for the 21st century. Women in Ireland have had to put up with being second class citizens for most of the states existence and it’s high time that they were given equal status and recognition of their pivotal role in Irish society which up to now seems to have been more in line with the way the catholic church treats women than a so called modern liberal democracy. Home rule became Rome rule and as a consequence of that we have seen brutal treatment of women in Ireland from the Magdalen laundries, the ‘mother and baby’ homes, the lack of equal pay and opportunity at work, the dreadful cases of mutilation of women in the symphysiotomy scandal and the ongoing scandal of women not being allowed to terminate an unwanted pregnancy in their own country even dying for the lack of it. Changing the constitution won’t make a great deal of difference to women’s everyday lives but at least it will give them an equal place written in the constitution of their country. The women of Ireland deserve better and should not be afraid to demand that they are heard loud and clear!

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  • As long as you continue to make distinctions between genders you feed into this countries ability to undermine women. Removing this and any gendered referencing would be the beginning of true equality in this country.

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    • Think the beginning of true equality started when we had women in the Dail, and a woman president.

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    • First woman president 1990. Women enslaved until 1996. Women’s equality my arse.

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    • Clodagh
      I’m not so sure I agree with you but just to ensure that we have absolute gender equality and in the interests of fairness would you be prepared to yield half of all the jobs in Primary school teaching and in Nursing on a legislated basis to men. Would you also agree to the same for entry into Medical School?

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    • I’m not sure I understand what you mean by that Richard. I don’t think there should be restrictions on anybody having any job they want based on their gender. However I think that also basing somebody’s employment on there gender is just as problematic.

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    • Richard, are you trying to insinuate that there is a barrier to men working In these areas? Men are free to become nurses, primary school teachers, nursery assistants and many do.. I don’t think anyone is claiming that you have to be female in these sectors, but not as many men apply for some reason..

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    • i think he was trying to compare it to the planned gender quotas in politics

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    • Half of the population is female therefore they should be fully and equally represented in government. Gender quotas in politics make sense. In other areas of employment efforts should be made to reduce discrimination based on gender – whether it be discrimination against men (caring, education, etc.) or women. (Science, technology, engineering, etc.) Both genders are discriminated against by a patriarchal system that incorrectly sees all men as tough hunters and women as meek, stay at home, child-bearers. This antiquated system pervades society, subconsciously supported by members of both sexes, and expects people of both genders to conform to these wrong-headed views – and disenfranchises those who do not.

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    • how do they make sense in one job and not another? I think they are a ridiculous idea in any job to me i don’t see a man or a woman I see a person. I rather see minority groups such as travelers and migrants represented

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    • Because it is the job of politicians to represent the general public. Female politicians are better able to understand the needs of females in our society. Pretending there are no differences between men and women and the challenges they face in society is simply naive. Similar to the “colour blindness” many people assert with regards to people of different ethnic backgrounds. It all too often leads to ignorance of the unique challenges people in these groups face due to racism and sexism. I too want to see minority groups better represented in government – both men and women from those groups – and I’m just as passionate about that. I’m slightly disturbed that you seem keen to dismiss the input of half the population (including half the population of minority groups).

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    • If you believe a woman better represents your political views then vote for her. Simple.

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  • I didn’t even know this was in the constitution.
    I wonder should I take The government to court for denying me my constitutional right to stay at home and raise my children, instead of been forced out into the workforce so we can afford to have food on the table.
    Has me thinking now.

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  • If the Constitution said that women MUST spend their lives in the home, then that would be a problem. As it stands, it simply says that the state will do its best to make sure that if a woman chooses to take the traditional role in the home, she will not be forced out of that role to work because of economic necessity. Perhaps it should be ammended to include fathers who take the traditional home role?

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    • CABK 14/02/13 #

      It pretty much does say that though. It says it recognizes that women “BY their role within the home”. There is scope there for any women who is not defined by a role in a household, or additionaly no talk of males who may stay at home It should be amended to say the state recognizes that those who’s roles are within the home etc.

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  • This is just one of many aspects of the Constitution that need to be amended. If fact, we could do with having a hatchet taken to the whole thing.

    It is a document that was not written for Ireland in 2013 (not that attitudes like that were acceptable then either).

    It was written for a time of “comely maidens dancing at the crossroads” and if a woman dared to neglect her (constitutionally acknowledged, mind) “duties within the home” she was carted off to a Magdalene Laundry.

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  • Hmm, I’m suspicious. Step back & look at this through the Government’s eyes… Why do they suddenly want to change the wording? Have their legal advisers told them they are legally obliged to financially support mothers in the home & they had better change the wording quickly before there’s a deluge of cases before the courts? Great! As one of the older generation I’m due 40years back money AND a contributory pension (which I’ve been told I’m not entitled to as I don’t have enough stamps) when clearly the law is on my side. I’m seeing my solicitor in the morning…… See you in court!

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    • Seems like I’m right! This is up for discussion tomorrow. Aren’t they in an awful hurry? They never move this fast when it’s in OUR interest, only their own. They’re definitely plugging a loophole….

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  • The world has moved on, the state and the make up and roles within a family have changed, so should the constitution. To keep it in fosters sexism and gender inequality. And to say otherwise is just ridiculous.

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  • Like much of our fine Constitution, its purpose is purely aspirational – to show the kind of country we want(ed) to think of ourselves as. Many’s the Monday morning I’ve longed to challenge the constitutionality of my being “obliged by economic necessity to engage in labour to neglect of their duties in the home.” And neglect them I have – the spiders are on the verge of claiming the territory for themselves. However, the weasel words ‘endeavour to ensure’ render this article impervious to challenge and, like much of the padding and hot air in this fine document, entirely useless in practical terms. Isn’t it time we had a mega-referendum and gave ourselves the gift of a streamlined constitution written in plain (insert national language of choice here :)

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    • I think the constitution is a fine document written up by our fellow countrymen in a vastly different time.I think the majority of the constitution is there to protect us (article 40 in particular) and to help guide us in a way(whether we take it on board or not!)We should definitely amend certain parts of the constitution by referendum to give it more credence to our society today but to get rid of it in its entirety for something “streamlined” would be very disruptive ,destabilising and frankly wasteful.

      What needs to change is the referendum process, in how we as the citizenry get to amend the constitution without our TD’s etc having had to vote on it first!!!!We should be able to get x amount of signatures and have a vote.It would be direct democracy and would ultimately change the shape of the constitution for all our citizens benefits and not just those in positions of influence (Tds,Senators,Judiciary etc)

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    • The practical measure for Direct Democracy you suggest would itself require a referendum. Amending ‘parts’ of the constitution would require a series of referendums (referenda?) that would be more time-consuming, costly and wasteful than re-examining the whole document. Streamlining our constitution to make it fit for our ‘vastly different time,’ and to make allowances for eventualities that could not have been foreseen by its architects, does not have to be destabilizing. It could be the very opposite. We are, in many ways, a semi-detached citizenry. We tend to vote and then ‘leave them at it’ until the next time. A process of re-examining our constitution would allow us to re-examine our priorities as a people, question our assumptions, and engage as citizens. This would be a good thing, surely?

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    • No I dont we have quite enough “process and re-examination” and no real action already! I just think that getting people voting in referenda would get them much more involved if they knew direct democracy worked so there would be no “semi-detached” citizenry.My point is that with continuous referenda it would help the constitution flow and change with the populous and the times.It could be easily organised to occur bi-annually so that you dont have a vote every second week.A secure online voting system could be set up also to vote online if you wished (UK,Switzerland,Estonia etc already do this).That takes care of wastefulness.All very do-able.Your idea of reinstating a brand new text that suits us now will one day be outdated anyway so Why not just amend as you go?…literally changing with the times!

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  • Reg 14/02/13 #

    It’s antiquated and irrelevant, get rid.

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  • As long as its amended to be inclusive of either a father or a mother, and not amended out completely, then I wouldn’t have an issue. Always dubious with these things that the overlords are looking to remove a barrier to them screwing us in some way though, So I’ll wait for the debate before deciding if its good or not.

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  • Think it is time to write a new constitution for a new time rather than change it bit by bit, referendum by expensive referendum.

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  • Who is voting no?? Sometimes I despair.

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  • Richard 14/02/13 #

    As far as I’m concerned the Republic of Ireland is a failed state and an illegitimate entity. One dimension of its failure as a state is its normalised misogyny and its enslavement of women. The particular clause should not be removed. The constitution should be discarded. There should be a new constituent process arising out of sustained collective rebellion, and, at the end of it, a new constitution should be drafted. The drafting of this constitution should acknowledge the historical oppression of women in Irish society. It should acknowledge the illegitimacy of the previous constitution on account of this oppression, and the fact that women had precious little role in its drafting.

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  • It’s about time to get rid of it. Where in the constitution is a role for men being defined? The constitution should be equal for all people, but for some reason it dictates a role for women and in particular mothers more so than it does for anybody else. Apart from the fact, that the idea of the woman at home is antiquated and does not apply to our modern society, the state fails miserably at ensuring that the mothers the constitution refers to don’t have to work by cutting child benefit, increasing taxes etc.

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  • Why are we trying to fix things that aren’t broken? How about taking on some of the more offensive bits of the constitution, the preface bit about the holy spirit for instance.

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  • Completely off topic, but my mom had one of them washing yokes in the picture. Can’t think of the name of it, but I know my brother nearly lost him thumb in it, and I was fascinated by the spinner. Brings back a few memories. Thanks for the flash back.

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  • In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred,

    We, the people of Éire,

    Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial,

    Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,

    And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,

    Do hereby adopt, enact, and give to ourselves this Constitution.

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  • Remove it on the QT and ASAP so we wont be the laughing stock of the world.

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  • Women (especially pregnant ones) have every right to be cheesed off at the Dev inspired constitution. Along of course with Protestants, Atheists, Children and others that didn’t appreciate the ‘special position’ of the Catholic Church. A constitution is a snapshot in time. if it can’t be amended easily you end up with a US like mess where the crazies use a 230 year old document to justify having an AK-47 under the bed. Burn the bloody thing and replace it with a bill of rights that the Dail has the power to amend.

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  • This should absolutely definitely be amended, along with a lot of other relics from the 1920/30s that are in our constitution!

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  • The whole constitution seems to be more trouble than it’s worth. Referendum after referendum. It’s just a moneymaker for constitutional lawyers!
    Scrap the whole bloody thing!

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  • Hello everyone,
    Please do not get caught up in the gender argument. They are in danger of throwing the baby out with the bathwater here…the real loss in my opinion ( although parents who want to stay home but can’t afford to should have challenged the government years ago because of this article) is the bit where it says “should not be obliged by economic necessity to engage in labour outside the home”. I feel that if this article is changed it should still include these words, because otherwise it is like the opposite of what the feminist movemment did for women who wished to work years ago. I thought they fought for the choice to work outside the home. This change will take away the choice for either parent to stay home!!!!! Give families a choice and support that choice properly i say. Not simpliy “endeavour to support” that is just a get out clause meaning the government will “try” to support carers.

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  • It would be better if the clause were adhered to. How many women are supported if they wish to stay home? It is, for the most part, not economically viable to stay at home in these times which would suggest to me that the Government wishing to change the Constitution would actually relieve them of their responsibilities towards these women.

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  • We can have gender equality without forcing women into the workplace not all of us want to raise our family and work and before the feminists jump down my throat I am a working mum who went back to work when her little girl was 10 weeks old. I love my job and the independence it gives me but I love my family too and would like nothing more than to raise my little girl myself full time and not share that responsibility with a crèche or child minder. Really don’t see the problem if I want to do that the constitution allows for it why change it? The wording however should be changed to parents/guardians to allow for the modern diverse family.

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    • But if your partner were to want the same thing Aisling why should he not be given the same right? Why as a mother does your rights take precedence.

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    • CABK 14/02/13 #

      Nobody is talking about forcing women into the workplace at all. I’m not sure where you get that idea from?

      This article defines womens contribution to society ‘by their role within the household’. There is no scope for those women who want to be recognized for a contribution outside of the household as is the case for most women these days and additionally no scope for those men who want to have their work within the home recognized.

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    • Sharrow 14/02/13 #

      Feminism is about choice & freedom to choose you can be a stay at home mam & still be feminist.

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    • I did say it should be changed to be gender and family type neutral to allow any caring adult in the family to avail of the opportunity. My experience of feminists has not been to choose but to do the ‘traditional male’ roles and ignore the ‘traditional female’ for the sake of equality therefore not allowing freedom of choice I apologise and have been corrected. CABK I stand corrected.

      Reply
  • It is an outmoded clause, a throwback to a very different time. The world has moved on but not he constitution.
    That said, there’s a lot more important things need doing.

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  • there is alot more important one they could change…

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  • I suppose if the “woman” is in the home she can’t go off and have an abortion or go out and buy contraception.

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  • Where’s my sandwich??!

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  • ahould just exchange the word women for men…simple really….

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  • It’s just saying that women aren’t obliged to go out to work and if they want to stay at home care for their kids they can and the state will support for them, because the children are our future. It’s not saying that they are obliged to stay at home care for their kids.

    I can’t see the problem.

    If anything it seems a little progressive.

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    • Why don’t men have the right to stay home and look after their kids Domacles?

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    • you dont see the line where it states that a womans place is in the house? I can help you find it.

      Protecting a stay-at-home parent isn’t a bad thing but the wording here is completely outdated.

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    • They do have that right. I know plenty of men who do. No one is stopping them doing so.

      And it’s “Damocles”.

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    • If it was in the Norwegian constitution we’d be holding it up as something to aspire to. There is no obligation to stay at home but if you want to the country will support that, maybe just make it gender neutral and move on.

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    • Julian

      It recognises women as the primary care givers to children. Which they are.

      I think people are looking for something to get wound up about.

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    • It’s not enshrined in the constitution tho is it? One sex has its right enshrined in the constitution to be a stay at home parent and the other does not.

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    • Much ado about nothing, jimboandbear. You do understand that men and women are different don’t you?

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    • In what way will the state support them, Damocles? If all the working women of Ireland decided in the morning that their jobs were to the detriment of their duties within the home and quit, would ‘the state’ step in and feed their children and pay their mortgage for them? Because, unless it would, they are ‘obliged by economic necessity’ to abandon their vital role in the home, with all the neglect of their primary duties that entails…

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    • The state already supplies support for them, under child allowance, under tax allowances for married couples under single mother’s allowance.

      Now I know you’re going to say “ooh that’s not enough, a woman can’t give up a 100K job and live on that.” but then no one expects them to, safety nets are what is needed, not safety hammocks.

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    • And there’s maternity support. I’m wondering how long it’ll be before someone demands that for men as well.

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    • So in your view, men and women both deserve to have rights to stay at home with the kids, but only women deserve to have those rights enshrined in the constitution because men and women are different?

      Bravo. That makes so much sense.

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    • I work in an area that is about 80% male. Should industry bodies start using gendered language in their documents and declare that men are the primary software developers?

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    • That’s not what I was going to say at all, Damocles ;) I was going to suggest (mildly) that any woman who finds herself unable to feed, clothe and house her child on the 140 euros a month she receives in child benefit is “obliged by economic necessity to engage in labour to neglect of their duties in the home.”

      I am not suggesting that the state should step in and fund every mother in the country to stay at home if she wants to, merely pointing out that it is disingenuous and anachronistic to claim that it will ‘endeavour’ to do so.

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    • Damocles 14/02/13 #

      “it is disingenuous and anachronistic to claim that it will ‘endeavour’ to do so.”

      I endeavour to provide for my family, am I (in this respect) disingenuous and anachronistic? If I didn’t endeavour to provide for my family in such a way would I not be considered a feckless lout?

      Similarly the state, as guardian of society, endeavours to do the same. But then it does get called a feckless lout.

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    • @Damocles, the ‘disingenuous’ refers to the use of the words ‘endeavour to ensure’ before ‘that mothers shall not be obliged by economic necessity to engage in labour to neglect of their duties in the home.’ If the constitution undertook to ‘ensure’ that women wouldn’t be obliged to work through economic necessity, women could challenge the constitutionality of their obligation to work. Because the wording is ‘endeavour to ensure’ the article becomes an aspiration rather than a commitment, a reflection of how its architects would like Ireland to be rather than an attempt to make it so in reality.

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    • Damocles 14/02/13 #

      Oh it’s a semantics issue.

      You should have said.

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  • Absolutely not…lets be fair it is what you think of when you think about women…if its not broken dont fix it

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  • I don’t think it should. I’m just waiting for the constitutional case around it.

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  • It is obvious that the current constitution grants women special privileges, and protections from harsh economic reality. And the potential exists for a court challenge by some woman “forced” to work I.e. working to pay for their lifestyle and house etc.

    It seems to me that any woman wanting to remove an extra privilege is very stupid.

    Switch it to men if you want, might be useful at some stage

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  • Make me a sammich!!!

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  • Nope. Now stop neglecting your duties in the home and make me a cuppa.

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  • No, it should not be amended, the phrase economic necessity is very relevent now, they are talking about giving up our neutrality, the world is unstable right now, we are close to a 3rd world war and they are trying to change a clause that says in economic necessity women get to stay with their children in the home. If we loose our neutrality and have to go to war, if there is conscription and this clause no longer exists then there is nothing to protect mothers from being drafted. I say leave it in place.

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  • Where they belong

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  • No doubt it shouldn’t be there – but changing it means having a referendum, and referendums mean spending more money. Worth changing it now? On the whole I don’t think so.

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