Thread by @maireadenright

If I had a vote in October, I would probably vote to remove 41.2. But it is disappointing that repeal is the only choice being offered.

https://twitter.com/LTlaw_/status/1017103931753844743

41.2 has 2 parts - the fairly offensive 'women in the home' provision, and the half-useful in theory/useless in practice 'promise' of economic support for women in the home.

It's a double whammy of Catholic social teaching - we confine women to the private sphere and we ensure the state won't force you to leave it. But as for positive economic supports, you are only entitled to marriage or charity.

Feminists will be torn - wanting to get rid of the first part (as part of the process of rooting out constitutional misogyny), but recognising that the state should re-interpret the second part - accept that it should support carers, and value work not valued on the market.

As Liam explains, judges have repeatedly read 41.2 so that it does not confer any independent positive right to economic support. And more broadly the Irish constitutional structure is very weak on socio-economic rights.

Amending 41.2 to change 'woman' to 'carer' (even if that were on offer) while leaving the rest of the structure the same, probably wouldn't improve that - precedent on the pre-amended Article could be used to limit new readings (though the 'will of the people' matters).

Referencing carers in Article 45 is also pointless - this wouldn't confer any enforceable right on carers.

It's important to remember, though, that Article 41.2 isn't an obstacle to making proper socio-economic provision for carers or any other vulnerable social group. This is a political question which could and should be addressed in legislation.

Yes the Constitution is an important document, but abstract statements of value (as Article 41.2 demonstrates) have no necessary practical effect.

So, for what it's worth, I'd like to see the movement in Ireland that #repealedThe8th see repeal of Article 41.2 as the first step in a broader conversation about care, vulnerability and poverty in Ireland.

The symbolism of getting rid of 41.2 can't be understated - it is part of the process of cleansing the Constitution of a certain misogyny. But, to borrow an old repeal slogan "it's life that needs amending, not the constitution".

*overstated. Yikes.