We must all decide what’s in the best interest of our lives and the lives of our family
On Friday, 8 March, Irish citizens will be asked to vote in two referendums to decide if changes should be made to Article 41 of the Irish Constitution. The proposed changes are in the Family Amendment and the Care Amendment seeking to redefine family and the role of care within society.
The Constitution’s references to the role of women in the home and the family based on marriage have long been seen as outdated by equality campaigners. The first Referendum focuses on the concept of Family in the Constitution, while the second aims to delete and replace a section concerning care within families. You’ll have two votes to decide on changes to Article 41 of the Constitution. The origin of these amendments traces back to Ireland’s 1937 Constitution. Many people feel that certain elements of the Constitution have become outdated, particularly concerning the role of women in the home and family. Now, after decades of discourse, Irish voters will have the final say at the end of the week.
Many are still unsure about what this vote means and what the implications are. Senator Mary Seery Kearney, Fine Gael Seanad Spokesperson on Equality, said:
“The focal point of the proposed change on 8 March is the removal of the statement that describes a ‘woman’ and her ‘duties’ and ‘life within the home’. The proposed Family and Care Amendments will not alter the provisions of Child Benefit either, which have been established under Part 4 of the Social Welfare Consolidation Act 2005.”
She continued, “These referendums clearly aim to refine, not erase, the representation of women within our legal framework, ensuring our Constitution reflects contemporary values without diminishing their rights as parents. The intent behind these referendums is to update, not negate, the constitutional and legal acknowledgment of women.”
Family Amendment:
The 39th Amendment to the Constitution, known as the Family Amendment, addresses Articles 41.1.1° and 41.3.1°, which focus on the importance of the family unit and marriage.
Irish voters will have the opportunity to decide whether to amend the Constitution regarding the recognition and protection of family units. Currently, the Constitution emphasises the importance of marriage-based families. If a ‘yes’ vote prevails, the proposed amendment will extend constitutional protection to families based on durable relationships beyond marriage. This would mean that regardless of marital status, all types of relationships would be afforded the same legal recognition and protections as traditional marital unions. The amendment aims to modernise the Constitution to reflect the diverse nature of family structures in contemporary Irish society.
A ‘no’ vote would retain the existing constitutional provisions, leaving the emphasis solely on marriage-based families. Critics of the amendment argue that it lacks clarity on the definition of “durable relationships,” raising concerns about potential ambiguity in legal interpretation.
Yes Vote:
Voting ‘yes’ would ensure that both marital and non-marital families receive equal constitutional recognition and protection. It acknowledges diverse family structures, guaranteeing rights and safeguards to all types of family units.
No Vote:
Opting for ‘no’ would maintain the current constitutional language, emphasising the traditional family model centred around marriage. This would mean the exclusion of non-marital families from constitutional protection.
Care Amendment:
The 40th Amendment to the Constitution, known as the Care Amendment, focuses on Articles 41.2.1° and 41.2.2°. Currently, the Constitution underscores the significance of women’s roles within the home and aims to ensure that mothers are not economically compelled to neglect their household duties.
The Care Amendment aims to update the Constitution’s language regarding the role of women and caregiving duties. The care amendment would remove the clause in the Constitution that references a woman’s life and a mother’s duties in the home and replace it with a recognition of care within the family. If the referendum passes, language in Article 41.2 around “duties” of women in the home would be replaced with a new Article 42B, providing that the State will “strive to” support care within families.
It has been argued that the existing language reinforces outdated gender stereotypes and fails to recognise the diverse caregiving dynamics within modern families. Supporters contend that a ‘yes’ vote would promote gender equality and acknowledge the invaluable contribution of all family members in providing care, irrespective of gender or traditional roles.
However, opponents to the change fear it may disadvantage women who choose to work only in the home and who might prioritise family life. They also argue that the needs of citizens with disabilities should lie equally with the State, not solely with the family and home, as the wording suggests.
Yes Vote:
Choosing ‘yes’ supports the removal of gender-specific language, ensuring constitutional recognition of care provision within families. It emphasises society’s duty to support caregiving, irrespective of gender.
No Vote:
A ‘no’ vote opposes the proposed amendment, retaining gender-specific language. It would continue to require the State to endeavour to ensure that mothers should not have to go out to work to the neglect of their “duties in the home”.
Voting
As 8 March approaches, it’s crucial to understand the implications of your vote on the family and care amendments. Historically, low voter turnout has heavily influenced results. These referendums hold immense significance in shaping Ireland’s legal and societal landscape. By exercising your right to vote, you actively contribute to defining the values and principles upheld by our Constitution.
Whether advocating for inclusivity and equality or preserving traditional values, your vote shapes the fabric of Irish society. Let’s seize this opportunity to pave the way for a brighter future.
Words by Eva Megannety
