The following pages are the original script for the provisions of Article 41 of The 1937 Irish Constitution as they currently stand at law. The Government of Ireland have proposed a dilution of this article under the guise of inclusion and equality. This will be a disenfranchisement of Irish mothers, women, and the family - which has been the cornerstone of The Constitution since it's enactment. The Irish Government suggests removing these rights and standing without offering equality to the disabled, the elderly and other vulnerable minority groups in society. Irish Times article outlines how "Care amendment criticised by two more bodies in further blow to Yes Yes referendum campaign. Tanaiste disputes claim by Free Legal Advice Centres that ‘care’ amendment is sexist"
The other major argument for a "No" vote is the lack of definition for the words "women" and "durable relationship" with the intention of the government to allow the courts to define this at a later date... How can you be asked, in effect, to vote on an amendment that has yet to be defined? What would you have ended up inadvertently voting "Yes" to? If the irish Government wants our agreement they should clarify the parameters, otherwise we would be foolish to vote anything other than No / No.
Article 41 The Family
41.1.1
The State acknowledges that the Family is the basic primary group-unit of/for society according to nature, and that it is a moral institution which has inalienable invincible rights which are more ancient and higher than any human statute.
41.1.2
Since it is the Family which is the necessary foundation for the societal order and since it is imperative for the welfare of the Nation and of the State, the State guarantees to preserve the composition and authority of the Family.
41.2.1
Specifically, the State acknowledges that the woman gives the State, through her life in the family household, assistance/support without which the welfare of the people could not be achieved.
41.2.2
For that reason, the State will endeavour to ensure that mothers of a family, because of want, will not have to engage in work and neglect their duties in the household because of that.
Article 41 refers to basic human rights, often referred to as personal rights and 41.1.1 copper-fastens our God-given inalienable rights. (See Genesis Chapter 1 verse 26)
Article 41 places the family as the primary unit of society and acknowledges its "inalienable invincible rights which are more ancient and higher than any human statute".
Article 41 allows for choice and support if the woman elects to be at home with her family. This article recognises the contribution that the role of motherhood makes and suggests that these should be recompense for choosing this role.
It specifically acknowledges the important role of women who decide to raise their own children thereby allowing the family to be the greatest influence on their moral fibre and the direct impact this has on on all of society.
In particular enshrines women’s primary right to raise her own children and to be recognised and supported to do so: "mothers of a family, because of want, will not have to engage in work and neglect their duties in the household because of that". Some would argue that the Government has been out of integrity on this point since the establishment of the State.
Article 45.2 The State will, specifically, direct its policy in a way that will ensure:-
45.2.i That the citizens (and all of them, both men and women, have a right to a sufficient livelihood) will obtain, through their occupations, the means of making reasonable provision for the needs of their households.
Controversy on Article 41 and on Referendum scheduled for March 8th 2024
There has been controversy over this article with some people suggesting that it "chains women to the kitchen sink".
Q. Is this article removing Irish women's rights or upholding them and recognising their contribution to society?
Perhaps if it were upheld by our government, women would not be forced to work to support the family.
If we lose this article from the constitution, there may be a huge risk that it will dilute all of the other constitutional articles protecting the family as the core of our society.
The language used in sensational headlines is not the same as that used in the Constitution, which is about supporting women's choices. Read the key articles above
There is a suggestion that the Constitution is keeping women "chained to the kitchen sink". These headlines assume that women will not take the time to read the short essential section of the Constitution which essentially supports families, and especially mothers to raise her own family if she wishes. There is no law keeping women at home.
Irish women's status is currently protected by law. An "inclusivity" agenda would see them lose rights and be consigned to being the "birth parent", i.e. the one with the uterus. There is a reluctance in the Irish government to define women as anything other than "women" and yet they have altered your constitution based on this undefinable gender. Vote No when it is unclear what you are being asked to vote on.
The aim of this website is to educate Irish men and women on their rights and to have them question their preconceived ideas on their powerlessness in this regard, when in essence it is the people of Éire (Ireland) who truly hold the power. It is not legal or lawful advice.
Maxim of Law: "He who fails to assert his rights has none".
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