Government approves proposals for referendums on family and care

The Government has today, Tuesday December 5 2023, approved proposals for two referendums which are to be held on March 8 2024.

The two relate to Article 41, regarding the concept of family and the role of women in the home.

An Coimisiún Toghcháin (An Coimisiún), Ireland’s independent electoral commission has confirmed that its planning is already underway to deliver independent, impartial information about the proposals being put to the people, and to encourage people to vote.

As part of it, an information booklet will be delivered to each home in the country.

Family Amendment

The first of the proposed changes is what the government is terming “the Family Amendment”.

At present Article 41.1 states: “The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.”

The government is asking voters if they wish to amend Article 41 of the Constitution to provide for a wider concept of family by inserting the words “whether founded on marriage or on other durable relationships”.

If approved, the new text would read: “The State recognises the Family whether founded on marriage or on other durable relationships as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.”

As part of the Family Amendment, the government is also proposing to remove the words “on which the Family is founded” from Article 41.3., which currently reads as: “The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.”

The new text would read: The State pledges itself to guard with special care the institution of Marriage and to protect it against attack.

Care Amendment

The second vote is on the Care Amendment. It proposes to delete Article 41.2 from the Constitution, which reads:

“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.”

It proposes also inserting an Article 42B with the following wording:

‘The State recognises that the provision of care, by members of a family to one another by reason of the bonds that exist among them, gives to Society a support without which the common good cannot be achieved, and shall strive to support such provision.’