Local Fianna Fáil Councillor, Frankie Keena, has called on the Government to hold a referendum on Article 41.2 to change the Constitution in line with the recommendations of the Citizens’ Assembly on gender equality.
“The members of this Assembly voted overwhelmingly early last year to replace Article 41.2 of the Constitution which presently includes the wording -
‘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.
‘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.’
“Unlike other parts of the Constitution, Article 41.2 has essentially no legal significance. It doesn’t provide a legal basis for discrimination against women as attempts to rely on it in court to help stay-at-home mums have invariably failed.
“The main recommendation of the Assembly’s April 2021 report stated that Article 41.2 of the Constitution should be deleted and replaced with language that is not gender specific and obliges the State to take reasonable measures to support care within the home and wider community.
“The report is now being considered by a Joint Oireachtas committee chaired by Labour’s Ivana Bacik which was due to report within nine months in March 2022.
“Article 41.2 of the Constitution has been discussed for over 30 years now and hopefully this Citizen’s Assembly report will be the catalyst to make the relevant changes towards a greater gender equality in Irish society.
“I get truly frustrated with the slow pace of decisions relating to published reports within the Oireachtas and I am now looking for support from my fellow elected representatives at Council level for a letter to be issued to the Taoiseach Micheal Martin requesting that a referendum be held on this matter as soon as possible.
“I strongly feel that this present constitutional clause on the women’s place being in the home should be replaced by a recognition of the value of care within the home and the wider community,” Cllr Keena asserted.
