Constitutional article on women’s duties in the home to be subject of referendum

Justice Minister Charlie Flanagan and Equality Minister David Stanton announced the proposed deletion today.

Mr Flanagan (pictured) said the Government believed it was appropriate in the centenary year of the extension of the franchise to women to hold the referendum and “have a public debate about gender equality in Ireland”.

He added: “Over 80 years after the Constitution was formally adopted, it is clear that Article 41.2 has no place in our Constitution. It undermines today’s goal to achieve real gender equality by ensuring women have real choices about what to do with their lives.

“In fact, while Article 41.2 may reflect the prevailing social ethos of the 1930s, its inclusion in the Constitution was actually controversial from the very beginning. Even before the Constitution was formally adopted, a number of people argued it represented a narrow, discriminatory view that sought to confine women to one part of society only – carrying out duties in the home.”

Mr Flanagan noted that deleting the provision “does not reflect a negative view of women in the home, it reflects a negative view of the notion that women should be confined to the home only, and should not have choices or be encouraged to play a role in public life”.

For decades, Article 41.2 has been criticised domestically and internationally including by the UN Committee on the Elimination of Discrimination against Women.

There have been various reports over the last 25 years about what should happen to it with different proposals being put forward about rewording the Article or inserting something new.

The commitment to hold a referendum to remove Article 41.2 is contained in both the Programme for Government and the Second National Strategy for Women and Girls 2017-2020. The referendum is planned for October.