We need a woman (to demand her rights as a housewife)
Wednesday, November 22nd, 2006You may not have spotted the discussion taking place across various blogs on what role women have in the Irish blog community* and this topic isn’t exactly out of place in the frame of that.
As you may be aware, our constitution is a sexist pig. I refer, of course, to Article 41.2.1 and .2, which states:
1° In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.
2° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.
Of course, every political party is aware of the offending article. And every politician would publicly say that they believe it to be antiquated (although privately they may feel otherwise). However no political party has made any serious moves to change this text, nor has any chastised the government for failing to do the same.
Even more than the children’s referendum, this would be a home-run for any political party (in the sense that it would pass without question, besides the odd moron) but they’re unwilling to make a move on it because they don’t have to; they’re happy to just ignore it as long as the rest of the country does too.
So as for the title; I’m not trying to wind anyone up with it, I’m being deadly serious. Successive governments have shown that they have no will or need to deal with the issues at hand unless they can be certain of overwhelming public support (the children’s referendum) or unless they are forced into a corner by the courts (12th-14th Amendments).
So what we need is an Irish woman to take the government to court and demand that they pay her a full wage so she can stay at home and mind the kids. The fact is that in this day and age both sides of most couples are forced to work full time to keep a roof over their heads and so the government obviously isn’t doing enough to relieve the fairer sex of this economic necessity.
It strikes me that the only way this antiquated article will be removed is if the government is forced to make good on their pledge; once the money starts pouring out to support women who want to raise their kids, they’ll make a change quick enough.
*The answer is: There are no roles.
Blogs elsewhere
November 22nd, 2006 at 3:58 pm
There is caselaw on the social aspects of the Constitution. The SC are loath to allow actions grounded in it.
Seperation of powers.
November 23rd, 2006 at 8:54 pm
There is caselaw on the social aspects of the Constitution. The SC are loath to allow actions grounded in it.
Seperation of powers.
Not sure if I fully understand; what do you mean there is caselaw on the social aspects of the Constitution?
November 24th, 2006 at 1:21 am
He means that a woman attempting to take the action you describe wouldn’t be allowed to by the Supreme Court.
The SC refuses to read social aspects of the Constitution as binding on the Government. They’re read as merely aspirational. Although they have been known to inform the interpretation of the more binding parts (and a lot of judges and lawyers see even that as dodgy), that’s as far as it goes.
By the way, I think you’d be surprised at how many women would be less than enthusiastic about getting rid of this provision. Just a hunch, but I’d be inclined to take the temperature of the “Talk to Joe” crowd before I started going about looking to excise this Article from the Constitution.
November 24th, 2006 at 11:01 am
I see; in that case I wonder what could resurect the issue; perhaps a court-case is still the only route for any kind of action.
And I don’t doubt there are people out there who would like the article to remain (in fact if the Government actually were paying housewives a full wage that number would likely grow again), that said I’d be shocked and amazed if a vote to remove it didn’t get passed by a substantial majority.
November 25th, 2006 at 11:07 pm
It is not that difficult to find plenty of things within the constitution that simply don’t fit in modern Ireland - the solution is not to change things piece meal, but to start again in my own view.