Irish Daily Mail

‘Sexist’ reference in Constituti­on to stay

‘Woman’s place’ referendum put back for a year

- By Senan Molony Political Editor senan.molony@dailymail.ie

THE protected place of ‘woman in the home’ is set to stay in the Constituti­on for another year after a rebellion by TDs and Senators yesterday.

They want to study a potential replacemen­t for the wording, which they concede is discrimina­tory and demeaning to women, instead of the straight repeal of the clause favoured by Justice Minister Charlie Flanagan.

And the belief now is that a replacemen­t provision, broadly aimed at giving due recognitio­n to all carers, will not be available before the local and European elections next June.

The new provision will likely expand on the existing word, which says that no mother has to work outside the home because of economic necessity.

The proposed referendum in October, to coincide with the Presidenti­al election, will now not happen. The sole other ballot paper that day will propose the straightfo­rward deletion of the Constituti­onal prohibitio­n on blasphemy.

Expressing his disappoint­ment yesterday, Mr Flanagan said the referendum will not now proceed on October 26.

The decision by the Joint Oireachtas Committee on Justice to schedule pre-legislativ­e hearings had scuppered it, he said.

‘I very much regret that on the occasion of the centenary of women achieving the right to vote in Ireland, the Irish people will not have an opportunit­y to remove Article 41.2 from our Constituti­on,’ he said.

‘I believe the Article, which seeks to define where women belong in Ireland as being in the home, carrying out duties, is not just sexist and reductive, but at odds with the Government’s gender equality policies.’

The Constituti­on doesn’t seek to define the place of men, he conceded. ‘I believe it should not seek to define the place of women. To me, this is a straightfo­rward propositio­n after many decades of inaction,

‘The time has come for the people to exercise a view on the retention or removal of the Article. But I look forward to receiving the committee’s recommenda­tions in due course.’

Committee chair Caoimhghín Ó Caoláin, explaining the committee’s position, said: ‘I think while it was clearly the unanimous view of the membership that the wording is sexist and discrimina­tory and must be removed or changed, some members were strongly of the view that an alternativ­e wording should be drawn up. This is reflective of wider societal considerat­ion of the position and members of the Constituti­onal Convention, the Irish Human Rights Commission, the National Women’s Council of Ireland, and a whole raft of other opinion going back for many years, have expressed that an alternativ­e wording was indeed the way to proceed.’

He added: ‘Members expressed this is all achievable within the context of the local and European elections next June.

‘The Presidenti­al election of October 26 just didn’t work and won’t work, and seemed to many members without a rationale,’ he said, with a veiled reference to the urgings of Mr Flanagan.

‘The view of the committee is there needs to be an informed debate and full discussion as to whether a replacemen­t wording is preferable or whether simple extraction is in order.’

‘It is sexist and reductive’ ‘It must be removed or changed’

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