Constitution of Ireland: Article 41.2 - The Role of Women and Care-Giving in Irish Law, Summaries of Law

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ARTICLE 41.

Dr Laura Cahillane

ARTICLE 41.2:

1. 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 achieved.

2. The State shall, therefore, endeavour to ensure that mothers shall

not be obliged by economic necessity to engage in labour to the

neglect of their duties in the home.

Does existing provision have any legal

effect?

• LvL case – could have been a landmark but SC disagreed
• Sinnott case – Denham attempted to read in some value but minority
• TvT case – recognised care work has value, but similar in UK without 41.

Probably not

OPTIONS IF YOU VOTE NOT TO RETAIN ARTICLE

Delete Replace

Replace with what?

• Recognise the importance of care- work in the home
• Provide for a legislative basis for economic support
• Location: 41 or 45
  • Preserve executive and legislative autonomy over the economic issue
  • Exclude carers outside of the home
  • Would not commit the State to a ‘reasonable level of support’
  • Would not ensure that carers ‘shall not be obliged by economic necessity to engage in labour’.
  • Potentially no legal effect Consequences of option 1 ‘The State recognises that home and family life gives to society a support without which the common good cannot be achieved. The State shall endeavour to support persons caring for others within the home as may be determined by law.’ Note: This recommendation was not accepted by the Government.

• Gender-neutral and recognition for carers in the home
• Positive duty on the state to support carers in the home - Radical – unusual to express something like this in the Constitution - Unlikely to be accepted by Government Consequences for option 2 Similar to option 1 but expressed as ‘the State shall support …’