National Women’s Council to consider 'significant change' to proposed wording on family and care

The proposed referendums, to be held on International Women's Day on March 8, will broaden the definition of family beyond marriage in the Constitution.

The leading national representative for women’s groups in Ireland has said it will have to consider “significant change” to the proposed wording in the Government’s planned referendums on constitutional references to family and care.

The proposed referendums, to be held on International Women's Day on March 8, will broaden the definition of family beyond marriage in the Constitution.

However, the Government has decided not to put a proposal to the people that the Constitution would be amended to refer explicitly to gender equality and non-discrimination — a recommendation by the Citizens’ Assembly on Gender Equality. 

Taoiseach Leo Varadkar said legal advice received was that it could “weaken” the “all-encompassing commitment to equality within the Constitution at present”.

On March 8, Cabinet decided to propose to amend Article 41 of the Constitution to provide for a wider concept of family and to delete Article 41.2 to remove text on the role of women in the home, and insert a new Article 42B to recognise family care.

Draft wording of the referenda has been published however, final wording is to be signed off by Cabinet on Thursday after a request to the Oireachtas justice committee to waive pre-legislative scrutiny.

Mr Varadkar said the Constitution will continue to explicitly protect both the family and the institution of marriage but the Government is proposing it be changed to acknowledge that families may also be founded on other “lasting relationships”, other than marriage. 

He said such an amendment will give constitutional protections to those not in a “marital family”, and will extend to those in “lasting relationships and put them on an equal footing with married families”. 

Such changes will enable the Constitution “to catch up with contemporary reality”, the Taoiseach said.

What's your view on this issue?

You can tell us here

The Government is proposing "to remove the reference to a woman's life in the home" which "no longer reflects modern social norms". 

Instead, if approved, Article 41.2 would be replaced with a new article "that would recognise that care provided by family members to each other is a public good", Mr Varadkar said.

However, the National Women’s Council (NWC) has said it has noted “the significant change to the wording on care and will now consult with its members on the new proposed wording”.

Orla O’Connor, director of NWC said: “While NWC would have liked to see the broader wording on care as suggested by the joint Oireachtas committee on gender equality included in our Constitution, we believe the proposed wording will be an important opportunity to value care within families.

“Recognising family care in the Constitution is important, and it must also lead to practical supports that families need. 

"NWC will now consult with our almost 200 member groups on the proposed wording by the Government and decide on how NWC can organise a possible referendum campaign."

Mr Varadkar also said the Government will fight any potential “disinformation” in the referendum campaigns.

Speaking at government buildings, Mr Varadkar said: “It’s crucial that we listen carefully to people in groups who may oppose these proposals and give them a fair hearing. 

"We’re all aware that it’s far too easy for debate to become polarised. And the only way to avoid this is to participate in an informed, respectful conversation with everyone concerned.”