Food for thought on the referenda
As a 21-year-old woman Gemma Good is looking at the referenda and what way she might vote next week...
Ballot papers are in the post, and March 8 is approaching.
I attended an information event at the University of Limerick on Wednesday evening (February 21) which discussed the upcoming referendum. Admittedly, I knew very little going in but I have to say I came out much better informed.
On March 8, voters will be presented with two questions:
Would you like to extend the definition of the family beyond those relationships based on marriage?
Would you like to 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?
Chaired by the Former Chief Justice Frank Clarke, people were reminded to consider what they want the constitution to do for them? He also asked those in attendance to consider if the current constitution achieves these aims.
“The constitution is a living document, it changes with people,” he said. “It’s your ownership of it that is important because it will define the way the country goes in future times.”
The first referendum concerns the concept of family; while the second proposes deleting an existing part of the constitution and replacing it with recognition for the care provided by family members to each other.
Regarding the first change, Associate Lecturer in Sociology at UL Dr Carmel, who is also an expert in Irish family dynamics, said: “The Ireland of today has diversity.”
The new proposal adds the words “whether founded on marriage or on other durable relationships” to Article 41.1.1, which concerns the role of family in society.
The segment stating that family is founded on the institution of marriage will be deleted in the case of a ‘yes’ vote.
Associate Professor in Law, Dr Laura Cahillane, explained the term ‘durable relationship’ which comes from the European Convention on Human Rights law . The term would be framed by Oireachtas and Government policy in the case the Constitution changes.
“There is still a special protection for marriage, that is not going to be taken out,” she explained.
She gave an example of what a ‘yes’ vote would mean. “Where you have a single mother of a child, they will be [viewed as] a family,” she said.
Currently, the unmarried father has “no constitutional rights whatsoever” while those of the unmarried mother are “limited”.
“Only the marital family is recognised and protected,” she said.
The second referendum, The Care Amendment, involves deleting two articles that refers to the common good of women in the home and sets out that the State should “endeavour to ensure” that mothers will not go out to work “to the neglect of their duties in the home”.
This would be replaced with an Article 42B, which refers to the care given by “members of a family to one another” and recognises the support this warrants to society, which the State “shall strive to support”.
Dr Carmel pointed out that the value of unpaid care and work in the home to the State is estimated between €2.1 - €5.5 billion, with 45% of women and 29% of men involved in unpaid care.
“It’s highly feminised, it’s invisible and undervalued,” she commented.
She questioned the wording of the proposed amendment.
“Is strive or endeavours enough?” she asked, referring to the wording.
Dr Laura pointed out that the current constitution is telling us that women have duties in the home.
“Most people will agree that that language is not acceptable for the constitution today,” she said, adding “but you have to ask if you’re happy with the wording that’s replacing it?”
She doubts that this change, if it comes into effect, will have “any substantive legal effect” however added, “even if it is just a symbolic recognition, that matters.”
“Symbols matter to people and having this idea that this [the constitution] reflects what society believes.”
To me, as Dr Laura pointed out, this referendum does lean on the side of symbolism. As the founding document of our State, the Constitution defines how Ireland should be governed and outlines the rights of Irish citizens. I think it is important that it reflects the beliefs of the majority.
Other questions concerned people with disabilities after a new group named ‘Equality not Care’ said the Care Amendment overlooks the rights of adults with disabilities to live independent lives. While Family Carers Ireland said, if passed, it will recognise the work carers do in Ireland.
The former Chief Justice said the purpose of the session was to give “food for thought” ahead of March 8.
He quoted American Civil Rights Leader John Lewis.
“The right to vote is precious, almost sacred. It is the most powerful non-violent tool or instrument in a democratic society. We must use it.”
* Gemma Good is from Killeshandra and a fourth year journalism student in University of Limerick
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