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Irish Mirror
Irish Mirror
National
Pat Flanagan

Constitution reference to women in the home 'discriminatory' and should be removed, Minister says

The claim in the Constitution that a woman’s place is in the home is discriminatory and should be removed, a minister said yesterday.

Josepha Madigan has urged the Government to restart plans to hold a referendum amending the Constitution to take out these references.

The Minister of State with responsibility for Special Education and Inclusion 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.”

Josepha Madigan (Gareth Chaney/Collins)

Minister Madigan said this article belongs to another time and has no bearing on the way things are today.

She added: “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 families.”

The Minister said that the Constitution contains the core values of Irish society but the offending article is completely out of date and does not reflect the current situation in Ireland.

She said: “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to bring the Constitution up to date with our changing values over recent years – but Article 41.2 still remains, out of date and legally meaningless.

“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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