Slow Progress of Referendum on Women’s Place in the Home

By Samantha Calthrop

Since its creation in 1937, the Irish Constitution has read, “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. 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.”

This part of the Constitution, Article 41.2 - has been the subject of repeated calls for change, either for changing the statement to have a gender-neutral focus on family life or deleting it altogether. 

A referendum to change this article was planned to take place, but deferred as the Cabinet did not have time to prepare it for the referendum date. It was due to take place on October 26, 2018- a total of four years from the time of writing.

Repeated calls for change to the Article have been made by many groups in Ireland, including the National Women's Council of Ireland, the Green Party, the Labour Party, Sinn Féin, and Fine Gael (whose minister Charlie Flanagan oversaw the discussion and deferral of the referendum in 2018).

Flanagan, then the Minister for Justice, said, "I believe the article, which seeks to define where women belong in Ireland as being in the home carrying out duties, is not just sexist and reductive, but completely at odds with the government's gender equality policies.”

The Citizens Assembly on Gender Equality, who met in Spring 2021, also recommended in their report that article 41.2 be amended. “Article 41.2 of the Constitution should be deleted and replaced with language that is not gender specific,” the report reads, “and obliges the State to take reasonable measures to support care within the home and wider community.” 

Responding to this report, and its support by the Oireachtas Committee on Gender Equality, Taoiseach Micheál Martin said, “This Government is committed to holding a referendum on Article 41.2 in Bunreacht na hÉireann.”

Minister for Children and Equality, Roderic O’Gorman was questioned by opposition members about the slow progress on this referendum when the newly-established Oireachtas Committee on Gender Equality met in March 2022. He stated he hoped for a referendum next year, but was concerned that the referendum would not pass if not worded very carefully. “I just have a real fear of a politically divided outcome in terms of the referendum and that being lost,” he said. “(...)Us continuing to have women’s place in the home reflected in our Constitution…That’s a genuine risk.”

The issue of Article 41.2’s wording was also brought to the government by The Constitutional Convention in 2013, with over 88% of members agreeing it should be changed or removed, and 98% agreeing it should be adjusted to be gender-neutral.

However, despite these repeated attempts to hold the necessary referendum, and with the recent Citizens Assembly report, no progress on holding the referendum has been reported by the current government. 

Amendment of Article 41.2 is just one of the Assembly’s recommendations on gender equality legislation in Ireland. In the report’s opening letter, they stated: “Ambitious, not incremental, change is needed to ensure political, business, sporting and cultural institutions are more representative of Irish society in terms of gender balance and representation of minorities. Without affirmative action to increase the number of women in representative office at national and local level, change will be too slow and we want to see change now.”

They also called for increasing minimum quotas for men and women in government to 40%, legislation to decrease the gender pay gap, and “better public services and improved social protection in order to advance gender equality.”

“These should be funded firstly through greater efficiency and accountability for public funding and reprioritisation between current spending and revenue raising. If necessary, we are also prepared to support and pay higher taxes based on the principle of ability to pay, to make a reality of our recommendations,” the letter concludes.

“We urge you to match our commitment by accepting our recommendations and implementing them without delay to deliver gender equality for Ireland.”