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Referendum on Gender Equality (THREADBANS IN OP)

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  • Registered Users Posts: 18,719 ✭✭✭✭gormdubhgorm


    That is bit that started to wind me up when I started to think about it properly, basically the family referendum as is - making the rights of the family way more complex, and likely worse as result.

    I am not saying it might be as bad as the UK with Brexit. But there are so many potential issues that could arise that have no even been considered, given how vague it is with "durable relationships"

    And then the "care referendum" seems like a made up even more wishy washy job than the "durable relationships" craic in the family referendum. No doubt the durable relationships (family amendment) will create new rights and new consequences, some unintended.

    Whereas, the other (care referendum) does nothing really. I now strongly suspect that the care referendum was merely invented as a strategy to remove mention of women in the home. Because ideologically it ties in with the proposed family amendment.

    That is the truth of it, they could put have put in solid rights for those providing care/receiving care with a much clear conferring of rights. mention of children/disabled/elderly etc.

    But they didn't because they want to create the illusion of a nice neat bow - supposedly the broadening of the meaning of the family, removal of the status of marriage (as the foundation of the family) , and the removal of reference to "the mother."

    The care referendum is not really about "care" in my opinion it is a meaningless line which is good strategy to further the agenda of certain vested interests who's main "prize" is the family referendum. A dirty trick IMO.

    In reality for certain vested interests both referendums are tied ideologically to a Yes/yes. You need only look at Mary McAleese comments on the referendum-


    Mary McAleese keynote address (Women's Council of Ireland) -

    "I hope between us we not only will change the wording but will then stay with the issues that have been raised including by those who would wish the wording to go furtherFar from being a final step I see this as the latest step of many on the road to the “farther shore” of full equality, full inclusion which will be easier to reach from Yes/Yes"

    To me it is almost a sleight of hand trick by those who thought this up, and the cherry on top they put it on International Women's Day!

    They must think the electorate are easily manipulated?

    Guff about stuff, and stuff about guff.



  • Registered Users Posts: 5,796 ✭✭✭Augme



    Exactly it is being left to the courts to define. In my proposal the term "durable relationship" would not exist


    Yes, and in your proposal people who have never meet could claim to be a family and there would be no way for the Court to say no.


    Equal in law e.g. tax allowances, PRSI benefit sharing etc. The O'Meara widowers challenge you refer to is a perfect example of the sharing of accrued PRSI payments. The case was won on the children's rights to equal treatment despite their parents not being married....another reason for the non necessity of inserting the undefinable durable relationship phrase into the Constitution


    But the law doesn't say family members are entitled to tax benefits. For example, siblings can't claim the say tax benefits as married people. So durable relationships being a family doesn't automatically entitle them to the same status in law as marraige as many of the the laws are not based on family


    Who knows? As I keep saying, there is no definition of what constitutes a durable relationship so a time scale can only be guessed at.

    Whi knows? Maybe people will know claim their durable relationship with their pets means their a family and that they can now legally have sex together.

    Nobody knows what effect it is going to have - that's the problem.

    So you accept there might be no change at all?

    What rights do you foresee potentially being eroded?

    I never said I see them being eroded, but they could be. The same way a court might determine a durable relationship can never end.



  • Registered Users Posts: 939 ✭✭✭gym_imposter


    I'm not a betting man but I'd wager that the Yes side will prevail, I'm voting No myself and quite frankly I'm amazed it's not looking like an unequivocal No as No should always be the default choice when people are unsure and the government themselves seem unable to sell this referendum with any sort of real convictions.

    If it is a Yes, I think it will reflect poorly on the electorate , a vote shouldn't be a frivolous thing.



  • Registered Users Posts: 18,719 ✭✭✭✭gormdubhgorm


    Anyone know the percentage of "Don't Knows"?

    Because I was looking at the Brexit vote breakdown, due to the low turnout apparently it was passed by only 37% of the total available electorate.

    Maybe similar could happen here with the issue passing, and a big chunk of the electorate not even bothering?

    Guff about stuff, and stuff about guff.



  • Registered Users Posts: 13,317 ✭✭✭✭hotmail.com



    The Brexit vote had a relatively large turnout. But Britain is a different country.

    The comparison here for Ireland is probably with the Children's Referendum which had about a 30% turnout.



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  • Registered Users Posts: 939 ✭✭✭gym_imposter


    A lot of people just assume that the establishment mood is the correct one and this is what will carry the Yes , it's a relatively small number of ideologues voting Yes



  • Registered Users Posts: 16,362 ✭✭✭✭Loafing Oaf


    My guess is the family one will pass, the other one will go down, both by very tight margins...



  • Registered Users Posts: 377 ✭✭whatisayis


    It was pointed out to me today by a friend that I have been dragged down a rabbit hole in relation to defining "durable relationships". While it will have an effect, it is a diversionary tactic to deter people from addressing the core reason the referendum is being held.

    Ireland signed up to the UN CEDAW in 1985 and agreed to delete/amend Article 41.2 from the Irish Constitution as it is considered an impediment to Irish women taking up work outside the home. Chief Justice Denham pointed out that the Article does not exclude any woman from working but acknowledges the work she does for her family but this fact is ignored by the government and the government funded NGOs.

    Every assessment by CEDAW on Ireland since 1985 has berated the government for not holding a referendum on the Article. Until this is removed, the government cannot force stay at home parents to enter the labour force and, God love them, shure the poor women don't realise how badly they're being discriminated! They just don't know how much happier they would be if they knew they could avoid being such under utilised economic units by joining the labour force and letting others raise their children.

    What is so infuriating is that all politicians are aware of this and know this referendum is being pushed in the most underhand, sneaky way possible. Pretending this is about giving more rights to single parents and carers, holding it on International Women's Day and just two days before Mother's Day is just Machiavellian.

    I am sure that pretty soon the qualified adult social welfare payment will be deemed to be, like they say Article 41.2 is, archaic and insulting to women and therefore stay at home spouses (mainly women) will have to be available for work or accept a position on one of the job activation schemes if their family income is too low to survive without the additional qualified adult payment.



  • Registered Users Posts: 23,718 ✭✭✭✭One eyed Jack



    Every assessment by CEDAW on Ireland since 1985 has berated the government for not holding a referendum on the Article. Until this is removed, the government cannot force stay at home parents to enter the labour force and, God love them, shure the poor women don't realise how badly they're being discriminated! They just don't know how much happier they would be if they knew they could avoid being such under utilised economic units by joining the labour force and letting others raise their children.


    They can though, and they did, and Joan Burton’s comments at the time aged like fine milk:

    After a seemingly effective campaign run against these attacks on the One Family Payment by a coalition, including Barnardos and One Family, Joan Burton stood up in the Dáil, on April 18 2012 and said that the changes would not be made until we had a childcare system “similar to what is found in Scandinavian countries”.

    https://www.irishexaminer.com/opinion/columnists/arid-20312087.html


    Leo was as usual, unashamedly coy about it in an interview four years later 😂

    AS FOCUS TURNS to next month’s Budget, Social Protection Minister Leo Varadkar appeared on Morning Ireland yesterday to discuss what might be in store.

    And during the course of the interview, he claimed that “The One-Parent Family Payment wasn’t cut by the last government”.

    A group called Spark (Single Parents Acting for the Rights of Kids) contacted us on Twitter, firmly disputing Varadkar’s claim.

    So was the Minister right?

    Claim: The last government did not cut the One-Parent Family Payment

    Verdict: Mostly FALSE

    https://www.thejournal.ie/one-parent-family-payment-changes-ireland-facts-2997502-Sep2016/



  • Registered Users Posts: 41,062 ✭✭✭✭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: 16,583 ✭✭✭✭Francie Barrett


    It's taken me awhile to come to a decision, but the remarks from Michael McDowell swung it for me in the end. I will be voting No-No.

    I don't necessarily have a problem with re-wording of the constitution. The problem is that the proposed language being used is deliberately woolly and imprecise.

    What we have today is certainly out of date, but at least it's precise. It seems like a big mistake to introduce something that could be interpreted in many ways and lead to all sorts of legal challenges for decades to come.



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    Justice Baker on again this morning doing her best to explain.

    Asked how long a relationship would have to be to be considered durable - no precise answer

    Asked what legal mechanism would define the end of a 'durable relationship' - the equivalent of divorce for marriage. She couldn't answer, waffled on about personal finances and if one or both thought it had ended!!

    Asked would polygamy ensue. Said firmly no. But failed to consider or be asked on polyamorous relationships of durable nature.

    Asked if these ref passed, would/ could it affect existing legislation. Gave a very clear yes, that all existing legislation would need to be examined in time to make sure it was compliant with new articles, if passed.

    Asked why some people had no info in the post yet a few days from polling. Said it takes a lot of paper and printing and postmen.. but for those who haven't, pretty worthless pamphlet anyway IMHO.

    Madness, total madness!



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    The family one / durable relationship is actually the most dangerous proposed change with all sorts of implications down the line.

    The care one is just waffle replacing waffle and means little other than a few non committal words.

    Be careful.



  • Registered Users Posts: 49 tarvis


    This last few days the big guns will be brought out -

    they will say - the electorate don’t understand - they are confused poor things.

    I will say the wordings are what is confusing and mostly meaningless, not the readers of the proposals.

    they will say it’s about promoting women’ s rights - but holding a rushed vote on International Women's Day and sweetly worded sound bites on radio and TV do not cover up the fact that it’s mostly waffle - €20 million worth of waffle.

    three refusals-

    refusal to go thro this adequately in the Dail,

    the refusal to release the discussions that brought the wording about

    The refusal to accept the Citizens Assembly suggestions

    here is where in my view the faults lie - and makes this move seem less than open and transparent.



  • Registered Users Posts: 16,362 ✭✭✭✭Loafing Oaf


    The main reason I think the family referendum has a better chance than the care one is it is sending a message that the great majority of people would be broadly in tune with, broadening the constutional conception of 'family' even if they have resrvations about the 'durable relationship' business. Whereas the care one doesn't have an 'attractive' proposition that you can boil down to a single line in the same way.



  • Registered Users Posts: 1,454 ✭✭✭Caquas


    Wrong, and based on a bizarre notion of the UN and International Treaties. Do you imagine that the Government can sign up to a Treaty and then turn to the Irish people and say "you have to amend the Constitution because the UN doesn't like it"? Were you asleep during the referendums on the EU Treaties?


    But yes this issue has been debated for decades. And the current amendments are an insult to all those who worked on this issue for years. Look at my post No. 1821, reposted below.



  • Registered Users Posts: 1,454 ✭✭✭Caquas


    A short history.

    CEDAW is important and the Government does get berated regularly about Article 41 but that has been going on for years. No one from the UN proposed the amendments we will voting on this Friday.



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    Yes I see what you mean but this proposed change will cause far more issues down the road than the other. The term is so vague that all manner of existing legislation relating to the family will be open to challenge. Not just by the obvious unmarried couples with children living as a family (which most people would have little difficulty with) but all manner of other relationships. It's remarkable that experienced legislators are exposing themselves and Irish society to such unpredictable consequences, the lunatics have taken over the asylum.



  • Registered Users Posts: 5,796 ✭✭✭Augme


    But it won't cause issues down the road for most people. The percentage of people who could be impacted by the range of outcomes is quite small. There's no real incentive for them to even make the effort to vote no. Although, I'm sure there will be a strong turn of married men who have mistresses. 😂



  • Registered Users Posts: 1,810 ✭✭✭mrslancaster



    I've been trying to get my head around what I will actually be voting for as I was undecided. After listening to various legal people, it seems that the amendments will not actually make any difference to single parent or cohabiting families and the change is purely symbolic. RoG and others on the yes side have repeatedly said that legislation in terms of taxes, inheritance, social welfare etc will not change.

    Maybe I wasn't seeing the bigger picture but I'm wondering now if these amendments are actually about immigration?

    Listening back to the tonight show from 5th december on apple podcast where Neale Richmond said that the amendments would have serious consequences in terms of immigration law and family reunification and would allow the government to facilitate that.

    So there will be no direct benefits or changes for single parent families, co-habiting families or carers, none of that legislation will change, but there will be changes for immigrants and immigration law?

    Is that what we're voting for but in vague woolly language in order to sneak in changes that the electorate don't seem to want?



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  • Registered Users Posts: 377 ✭✭whatisayis


    Wrong, and based on a bizarre notion of the UN and International Treaties. Do you imagine that the Government can sign up to a Treaty and then turn to the Irish people and say "you have to amend the Constitution because the UN doesn't like it"? Were you asleep during the referendums on the EU Treaties?

    The Irish government completely ignored the recommendations of the citizens assembly, committee on Constitutional reform, FLAC, various care organisations etc. as to how to word the proposed amendments. Why would you think they would tell the Irish people that they had already agreed with CEDAW to hold a referendum on Article 41?

    I have to admit I knew nothing about this until yesterday when I met up with an old friend who spent many years working in the EU and had many dealings with various UN bodies. He sent me a load of links this morning which I am still going through! So here's a start:

    How it work is the government submit their report to the CEDAW committee explaining how they have progressed with the legislative reforms recommended in the previous CEDAW observation and CEDAW respond with their observations and recommendations. The first one linked here is from the first Committee response in 1999 and the second is the most recent in 2017

    1999:

    93.The Committee expresses its concern about the continuing existence, in article 41.2 of the Irish Constitution, of concepts that reflect a stereotypical view of the role of women in the home and as mothers. It is aware that amendments to this article are being considered by the Parliamentary Committee on Constitutional Reform.

    https://www2.ohchr.org/english/bodies/cedaw/docs/IrelandCO21st_en.pdf

    2017:

    11. The Committee urges the State party to, within a specific time frame: (a) Amend article 41.2 of the Constitution in order to remove the stereotypical language on the role of women in the home.

    With reference to the Committee’s previous concluding observations(para. 380), please provide information on the steps taken to incorporate the provisions of the Convention into national law.....Specifically, please provide information on the concrete measures taken to revise article 41 (2) of the Constitution on the stereotypical role of women in the home and society

    https://www.ihrec.ie/our-work/cedaw-2016/

    Does anyone know if or when the government, as requested by CEDAW, provided information in regard to the "specific time frame" and what "concrete measures" have been taken to amend our Constitution? We the people were only told on the 6th December a week before the Dail broke up for their 5 week Christmas break!



  • Registered Users Posts: 377 ✭✭whatisayis


    It is very highly unlikely they did propose the wording but the government refuses to release any information as to who advised them not to go with the recommended wording from the Constitutional convention so who knows? It's been nearly 40 years since Ireland ratified the CEDAW convention they must be getting fed up of Ireland's continued non action.

    Unfortunately whoever is advising the government in their responses to CEDAW should really advise them that the Article in no way constrains any women in Ireland from going out to work which, in fairness to CEDAW, is what they have been led to believe by various government and NGO submissions over the decades.

    The introduction of a new Constitutional phrase "Durable Relationship" certainly raised a lot of confusion during the short debate when the government guillotined the bill through the Dail. Both non government and government TD's including Ivana Bacik, who chaired the convention committee as far as I recall, tried to get an explanation and definition from O'Gorman who could only say it will be decided by the courts.

    Nobody outside government knows who came up with the new wording suggestion which overrides the general consensus, arrived at after years of deliberations, on the wording for the proposed Family amendment.



  • Registered Users Posts: 1,810 ✭✭✭mrslancaster


    So the Committee on the Elimination of Discrimination Against Women, a section within the UN, are calling the shots and putting pressure on our state to change our constitution? How are women discriminated against when we have all sorts of equality legislation to ensure that doesn't happen. This get crazier by the day.

    These are the members of that committee who seem to be having enormous influence on how our country is governed.

    https://www.ohchr.org/en/treaty-bodies/cedaw/membership



  • Registered Users Posts: 11,099 ✭✭✭✭Furze99


    I think you showing great trust and naivety with that assumption. And hopefully, if it does pass, it will come back to bite you in the arse big time.



  • Registered Users Posts: 377 ✭✭whatisayis


    They can though, and they did, and Joan Burton’s comments at the time aged like fine milk:

    I think that was the beginning of the end of the Labour party in Ireland. Crucially, this only applied to one parent familes. Stay at home spouses (men or women equally) could not be forced out of the home regardless of how old their children were.

    That is why I suspect one of the first actions if Article 41.2 is voted out will be the removal of the qualified adult allowance for social welfare payments which will require low income stay at home parents be available for work if they want to receive the allowance. I'm pretty sure it will be followed by another attack on one parent families as all families have to be treated equally regardless of marriage as we just found out with the O'Meara judgement.



  • Registered Users Posts: 377 ✭✭whatisayis



    Brilliant article by Victoria White. In fairness to her, until she had to stop opinion writing on government policy due, ironically, to her husband's job, she was a lone voice calling out to retain the rights of women and men to stay at home looking after their families instead of being required to join the labour force.

    I love this:

    But I find appalling Joan Burton’s treachery in pressing ahead with this attack on lone parents, although the nearest thing we have to a Scandinavian childcare system is the drop-off facility at IKEA.

    https://www.irishexaminer.com/opinion/columnists/arid-20312087.html



  • Registered Users Posts: 5,796 ✭✭✭Augme


    Hardly. Sure I could be run over by a car the next time I leave my house. I could use that to argue that I shouldn't ever leave my house as doing so could be dangerous. But most people realise that woukd just be stupid. Like this situation.



  • Registered Users Posts: 16,362 ✭✭✭✭Loafing Oaf


    it seems that the amendments will not actually make any difference to single parent or cohabiting families and the change is purely symbolic.

    Pretty much. I guess it's up to the individual voter how much significance they attach to that. Do a lot of lone-parent families have a big problem with our constitution currently saying the family is founded in marriage? i don't really know...



  • Registered Users Posts: 18,719 ✭✭✭✭gormdubhgorm


    Personally I think who advised the government is in plain sight. Justice Marie Baker (of the electoral commission) gave a full page interview a few days ago.Complete with half page photo of her.

    I think this is the article (paywalled) I read the physical paper copy.

    It was one of those question and answer interviews, where her answers were written down verbatim.

    I found it shocking to be honest as she spoke in glowing terms of the potential positive outcomes of the referendum and its wording.

    Any negative questions she flippantly dismissed or said it is for future referendums. Basically she had an ‘answer’ for everything

    And at the end finishes with decide which way you want to vote

    —-

    The tone of the interview comments seemed strikingly similar to that of Mary McAleese’s key note address to the National Women’s Council

    There certainly seems to be a “team effort” going on.

    Guff about stuff, and stuff about guff.



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  • Registered Users Posts: 5,796 ✭✭✭Augme


    Even more reason for single parent families to vote yes in the family referendum at the very least.



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