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Why are we having a referendum on Women in the Home?

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  • Registered Users Posts: 377 ✭✭whatisayis


    Various governments have been trying to hold a referendum relating to this Article for the past 30 years. There was never any basis to the assertion that the Constitution says a women's place is in the home but it's a good soundbite.

    The Irish word "teaghlach" means family or household (as in the wider family members living together). Under the Constitution women always had the choice to either look after the family/household full time or go out to work. Article 45 clearly states:

    that the citizens (all of whom, men and women equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs.

    At the time of writing of the Constitution the norm was for the men to go out to work while the vast majority of women stayed at home caring for the family and Article 41.2 is the state acknowledging the caring role provided by women who chose to stay at home. It was never a Constitutional requirement that women had to stay at home.

    Ironically Minister O'Gorman's party are running with the slogan "A women's place is wherever she wants to be" in support of the referendum. What they obviously don't realise is that is exactly what the Constitution already says.

    Removing Article 41.2 means the only place women will have the Constitutional right to be is at work.



  • Registered Users Posts: 377 ✭✭whatisayis


    Former Attorney General Michael McDowell must be following the posts on Boards! (Joke). He has just recommended voting No to both referendums for basically the same reasons I and others have been pointing out:

    I have a very funny feeling that this is going to be a huge defeat for the government.



  • Registered Users Posts: 1 Michaeleire


    I will also be voting no. I don't understand why they want to remove the words they do, the words look pretty good to me.



  • Moderators, Sports Moderators Posts: 26,886 Mod ✭✭✭✭Podge_irl


    Various governments have been trying to hold a referendum relating to this Article for the past 30 years. There was never any basis to the assertion that the Constitution says a women's place is in the home but it's a good soundbite.

    Yes there is a basis. You yourself have pointed out that "woman" is only mentioned three times in the Constitution and it is about their duties in the home every time. They are being singled out as having a familial duty that is not shared by men.



  • Registered Users Posts: 304 ✭✭coffeyt


    Can I add as a woman who has chosen (after discussion and agreement between myself and my husband) to stay at home to raise our children that I will be voting no. Just as a note the only state support we claim is children's benefit and do not expect any additional financial support because we made that choice.

    I would happily vote yes if they just wanted to change the word woman to parent but I do think that the right of a parent to choose to stay at home to raise their children should be protected.

    My fear is by removing it completely they will open the door to further changes down the line which may be detrimental to those parents to want to choose to stay at home.



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  • Registered Users Posts: 4,506 ✭✭✭beggars_bush


    Off to check posting history of some recent posters on this thread and the repeal referendum thread...



  • Registered Users Posts: 304 ✭✭coffeyt


    The repeal the 8th you mean that was all about a woman's right to choose?(which I voted yes for by the way)

    The main reason I'm against this is because they are not looking to reword it (as was recommended) but to remove sections completely and maybe it's my suspicious nature but I can't understand the reasoning behind that.

    And while the government hasn't given a valid reason for not just re wording it to include all parents/families I'm just not happy to vote yes.

    Post edited by coffeyt on


  • Registered Users Posts: 911 ✭✭✭angel eyes 2012


    I'll be voting no, what an appalling waste of tax payers money. I hope it is defeated.



  • Registered Users Posts: 41,065 ✭✭✭✭Annasopra


    A long time ago it was paid to fathers. This was changed due to feminist campaigning because you had many situations where women and children got nothing and the men controlled all the money and spent it themselves

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 41,065 ✭✭✭✭Annasopra


    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



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  • Registered Users Posts: 41,065 ✭✭✭✭Annasopra


    That's silly.

    Men used to get child benefit. Now they don't. The referendum has no affect on it at all.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 3,623 ✭✭✭Montage of Feck


    While our constitution isn't perfect, especially considering it was brought in by DeV to placate the likes of the dispicable Archbishop McQuade, I'm equally loathsome of O'Gorman being in a position to change the constitution.

    🙈🙉🙊



  • Registered Users Posts: 11,213 ✭✭✭✭Furze99


    I heard McDowell and whilst wouldn't be his No1 fan, he laid out very simply why these referendums are unsatisfactory. Neasa sometime of the Greens, was flailing about trying to establish they were all about women's and gender rights etc. But just stating that with no real argument to substantiate her point. Like here.



  • Registered Users Posts: 7,434 ✭✭✭Tow


    Any gender can get children allowance, but there are more hoops and checks if a Male is applying for it be paid to them.

    The house issue is obvious, in most separations the man 'loses' the house until the youngest is reared. Even if they owned it before marriage.

    When is the money (including lost growth) Michael Noonan took in the Pension Levy going to be paid back?



  • Registered Users Posts: 4,506 ✭✭✭beggars_bush


    Exactly. In our house herself gets the child benefit, but we could easily change it going into my account



  • Registered Users Posts: 41,065 ✭✭✭✭Annasopra


    No

    None of what you say is obvious.

    You are making claims that women lose rights if this goes through which is absurd

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Moderators, Sports Moderators Posts: 26,886 Mod ✭✭✭✭Podge_irl


    He's not in a position to change it, the people of Ireland are.



  • Moderators, Science, Health & Environment Moderators Posts: 19,702 Mod ✭✭✭✭Sam Russell


    There is a new definition of 'the family'

    That is tricky and contentious. If the requirement of marriage is removed, then it gets hard to define the encompasses those that are are meant to be included but excludes those that are meant to be excluded. Of course ones personal views alters those included in each group. Do they need to co-habit?



  • Registered Users Posts: 377 ✭✭whatisayis


    "Yes there is a basis. You yourself have pointed out that "woman" is only mentioned three times in the Constitution and it is about their duties in the home every time"

    No what I pointed out is that the word women is only mentioned three times in the Constitution twice in relation to their right to work and once to their right to care for their family. The only other female reference is the mention of "mother" also in Article 41.

    Article 45 gives them a) the equal right to men to fair paid work and b) the equal right to safe work.

    45.2.1 that the citizens (all of whom, men and women equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs

    45.4.1 the state shall endeavour to ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter avocations unsuited to their sex, age or strength.

    Article 41 gives them the right to care for their families at home.

    Removing Article 41 therefore only gives women the Constitutional right choose to work and removes the Constitutional right to choose to stay at home to care for their families.



  • Registered Users Posts: 377 ✭✭whatisayis


    Indeed. The wording chosen could not possibly have been worse. No one has yet been able to define what a durable relationship is.



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  • Registered Users Posts: 7,434 ✭✭✭Tow


    Why do you think women losing their constructional right to stay at home and mind their children is absurd?

    When is the money (including lost growth) Michael Noonan took in the Pension Levy going to be paid back?



  • Registered Users Posts: 41,065 ✭✭✭✭Annasopra


    I think your interpretation that women are losing rights is absurd.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 2,856 ✭✭✭Ezeoul


    Just as a note the only state support we claim is children's benefit and do not expect any additional financial support because we made that choice

    Are you forgetting the Homemakers Scheme that credits contributions for stay at home parents, for up to 20 years (half a working lifetime) towards a State pension? That is a significant benefit.

    Are you also forgetting Working Family Payment, and secondary benefits like qualifying for GP/Medical card, possibly HAP, Back to School etc when a household only has one income?

    You may not claim any additional benefits, but its not true to say that additional financial support is not made for families with one parent at home.



  • Registered Users Posts: 2,856 ✭✭✭Ezeoul


    Women don't have a constitutional right to stay at home and care for their families, and never had.

    A common misconception that is still being pedalled.

    If they did, there would have to be an allowance for it, and every woman could give up working the day she becomes a mother, and claim it from then on.

    Ask yourself why this doesn't exist.



  • Registered Users Posts: 45,847 ✭✭✭✭Mitch Connor


    The Thirty-Ninth Amendment of the Constitution (The Family) Bill 2023 proposes to amend Article 41.1.1 to insert the words “whether founded on marriage or on other durable relationships”.

    It also proposes the deletion of the words “on which the Family is founded” from Article 41.3.1.

    Inserts words.

    The Fortieth Amendment of the Constitution (Care) Bill 2023 proposes to delete Article 41.2 from the Constitution and insert an Article 42B with the following wording:

    ‘The State recognises that the provision of care, by members of a family to one another by reason of the bonds that exist among them, gives to Society a support without which the common good cannot be achieved, and shall strive to support such provision.’

    Deletes then inserts.

    I don't see the issue here.

    And the second clause specifically covers all members of a family as opposed to just women. So, what is your issue there when you say you want it to include all parents/families?

    Is it that you don't want the constition to recognise a family can be something between people that are not married?



  • Registered Users Posts: 45,847 ✭✭✭✭Mitch Connor


    How can you read these changes as them losing those rights? are women not 'members of a family'? Cause if they are 'members of a family' then they retain the same coverage in the update - they are just joined by people who are not women.



  • Moderators, Science, Health & Environment Moderators Posts: 19,702 Mod ✭✭✭✭Sam Russell


    The 8th amendment was a disaster because it was badly worded and was unnecessary because abortion was already unavailable in Irish law. It caused significant grief to many and tied the hands of the legislators. A dreadful result. It took three further amendments to undo the damage.

    This is another badly worded and unnecessary amendment and will have unexpected and unwanted repercussions. Another opportunity to do further damage again.



  • Registered Users Posts: 7,402 ✭✭✭MrMusician18


    No, my problem is with the flawed proposal that he has put before the people.



  • Registered Users Posts: 7,402 ✭✭✭MrMusician18


    What's even worse about the proposal is that they've taken away the option for the Oireachtas to define it . "durable relationship as defined by law" would have been a fine wording but instead O'Gorman has chosen to allow our Supreme Court to decide.

    And that's it, once the SC has had their say it cannot be revisited without another referendum.

    This is a referendum that no one wants beyond a handful of people who could more accurately put activist as their occupation on the census.

    Hopefully a few more respected legal minds come out against it like McDowell and this gets consigned to the bin.



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  • Registered Users Posts: 304 ✭✭coffeyt


    I never said additional supports were not available I said we do not get any additional supports, as in my family in particular as we are not entitled to any, most of the schemes you mentioned are aimed at low income families only.

    Granted the homemakers scheme is relevant to me but other than that we are being financially penalised for me not working.

    If you look at a 2 income family they can earn up to 51,000 and 33,000 as a couple and remain in the Lower tax bracket for all that income. However a single income family earning the same 84,000 will pay 40% on all income over 51,000. That's a difference of 20% on 33,000 over the year.

    So a single income family in the position above would have a much lower net income so in essence being penalised already for choosing to have a parent stay at home. And yes I'm aware of the home careers tax credit but again a stay at home parent does not have an employee tax credit so it balances out.



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