Proposed constitutional amendments on family and women as primary carers

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Thirty-ninth Amendment of the Constitution (The Family) Bill 2023
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8 March 2024 (2024-03-08)
Fortieth Amendment of the Constitution (Care) Bill 2023
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8 March 2024 (2024-03-08)

Two amendments to the Constitution of Ireland on the family have been proposed to be put to referendum on 8 March 2024. [1] The Thirty-ninth Amendment of the Constitution (The Family) Bill 2023 would revise the definition of family to explicitly include durable relationships outside marriage. The Fortieth Amendment of the Constitution (Care) Bill 2023 would remove references to a woman's "life within the home" and "duties in the home", with the addition of a new Article on care within the family. [2] [3]

Contents

Background

The Taoiseach Leo Varadkar marked International Women's Day (8 March 2023) by announcing the government's intention to hold a referendum in November to enshrine gender equality in the Constitution by amending Articles 40 and 41. Other referendums on separate issues may be held at the same time. [4] [5]

On 5 December 2023, the Taoiseach and Tánaiste confirmed the topics of the two referendums proposed to be held on 8 March 2024. [1] Gender equality will not be mentioned in the amendments, so as to avoid the placing of gender discrimination above other types of discrimination. [6] The bills were published on 8 December 2023.

Proposals for constitutional amendments were due to be published by the end of June with a referendum to follow in November. [4] In August 2023, official and political sources told The Irish Times that the referendum was unlikely to take place in November, as planned. Scrutiny of the term "family" by senior officials drafting the text of the amendment had raised thorny questions about its definition and about related gender issues, provoking official caution likely to create delay. [7]

The following week, in September, Taoiseach Varadkar announced that the government had decided to hold two referendums on the issue, in the "lifetime of the Government". He said the wordings of the amendments had not yet been finalised at that point. [8]

The wording of the two referendums was passed by Dáil Éireann on 17 January 2024. [9]

Wording

The Thirty-Ninth Amendment of the Constitution (The Family) Bill 2023 proposes to amend Article 41.1.1 to insert the words “whether founded on marriage or on other durable relationships”.

It also proposes the deletion of the words “on which the Family is founded” from Article 41.3.1.

Article 41.1.1° would be amended by the addition of the text in bold:

The State recognises the Family, whether founded on marriage or on other durable relationships, as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.

Article 41.3.1° currently reads:

The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.

Under the Thirty-ninth Amendment, the following text would be substituted for this subsection:

The State pledges itself to guard with special care the institution of Marriage and to protect it against attack.

The Fortieth Amendment of the Constitution (Care) Bill 2023 proposes to delete Article 41.2 from the Constitution and insert an Article 42B with the following wording:

Article 42B
The State recognises that the provision of care, by members of a family to one another by reason of the bonds that exist among them, gives to Society a support without which the common good cannot be achieved, and shall strive to support such provision. [10]

If passed it will also have the effect of renumbering Article 41.3.1°, referenced above, to Article 41.2.1°.

Campaign

The Electoral Commission is to provide information explaining the proposed amendment and promoting participation. This is to be the first time it performs the function, which was previously the responsibility of a Referendum Commission. [11]

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References

  1. 1 2 Referendums on family and care to be held in March 2024 RTÉ News, 2023-12-05.
  2. ↑ "Referendums on women in the home and concept of family to take place next March". BreakingNews.ie. 5 December 2023. Retrieved 5 December 2023.
  3. ↑ Finn, Christina (5 December 2023). "Referendums on 'women in the home' reference and wider definition of family to be held in March". TheJournal.ie. Retrieved 5 December 2023.
  4. 1 2 "Referendum on gender equality to take place in November". RTÉ News . 8 March 2023.
  5. ↑ "Taoiseach and Minister O'Gorman announce holding of referendum on gender equality". Government of Ireland (Press release). Department of the Taoiseach. 8 March 2023. Retrieved 14 April 2023.
  6. ↑ Finn, Christina (5 December 2023). "Referendums on 'women in the home' reference and wider definition of family to be held in March". TheJournal.ie.
  7. ↑ "Doubts grow over 'women in the home' referendum". The Irish Times. 28 August 2023.
  8. ↑ "Government to hold two referendums on gender equality, says Taoiseach". RTÉ News . 6 September 2023.
  9. ↑ https://www.thejournal.ie/durable-relationships-referendums-6274932-Jan2024/
  10. ↑ https://www.gov.ie/en/press-release/c9193-government-approves-proposals-for-referendums-on-family-and-care/
  11. ↑ Dawson, Brian (8 March 2023). "Electoral Commission to Inform Public Debate and Participation in Gender Equality Referendum". Electoral Commission (Press release). Retrieved 14 April 2023.

Further reading


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