Department of Justice officials back update to Article 41.2

Department of Justice officials have backed amending the Constitution to remove update provisions relating to “women in the home”, The Irish Times reports.

Article 41.2 of the Constitution, which has remained unchanged since 1937, reads: “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.”

It has come under criticism from women’s groups and international bodies for promoting an out-of-date image of family life.

However, others have defended the constitutional recognition of care and domestic labour.

A taskforce of Department of Justice officials drawn from the equality and civil law divisions have now said, in an unpublished report, that Justice Minister Frances Fitzgerald should pursue reform in consultation with Attorney General Máire Whelan.

A briefing note for Ms Fizgerald, which refers to the report, states: “The task force favoured amendment of the Article which is out of date However it recommended that support of carers should be ‘as determined by law’ in order to ensure the Government and the Oireachtas remain responsible for decisions on the allocation of public funds and public policy regarding carers more generally.”