Citizens’ Assembly reexamines constitutional protection of mothers in the home

There is “very little consensus” on what should replace the article in the Constitution about a mother’s role in the home, the Citizens’ Assembly has heard.

Gender equality is the theme of a series of meetings and the issue of Article 41.1 on the family was debated for the second time on Saturday.

The Constitutional Convention in 2013 recommended amending Article 41.2 to make it gender-neutral, and recognising the importance of care work and providing for a reasonable level of State support for carers.

Dr Laura Cahillane, a senior lecturer in the School of Law in Limerick, said the original Article 41.2 conferred no benefit and “quite possibly the replacement provision might have the same place”.

She said the original provision has no use in law. The implication that the article might confer some financial obligation towards women was never tested. It was only raised in one case, which was unsuccessful.

The Iona Institute
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