Ms Orla O'Connor:

We are learning as a society, time and time again, how critical it is to listen to the voices and experiences of women. When we ignore their experiences we do so at an enormous cost, to both women and our society. A successful referendum on Article 41.2 must first be based on a participative and deliberative process for women and men. If we do not allow enough time for a transparent, participative and respectful process that recognises people’s complex identities and feelings, there is a danger of it becoming divisive - divisive between people dedicated to working in the home and those who work inside and outside the home; divisive between those who do unpaid work that contributes to society and those who do paid work; and divisive between families and between women and men who work in the home.

A public conversation is necessary in order that the referendum debate can be informed, the issues surrounding the article can be explored and concrete proposals developed which the Government can act on and in regard to which it can be held to account. We need a clear pathway with real outcomes for women, informed by public discussion. Recent referendums have offered us a shared path, as citizens, through participation in the debate and through casting our vote. Through the Constitutional Convention and Citizens' Assembly, we have developed in Ireland sophisticated models of consultation and deliberation where both expert and personal testimony can be heard. It will be absolutely critical in this public discussion that the experiences of women in all our diversity are heard.

Article 41.2, which refers to a woman’s life in the home and duties in the home, is undoubtedly sexist and discriminatory. In practice, the article has been little more than symbolic. Its placement in the Constitution should have led to a recognition of the value of the contribution women make through unpaid care work in our society. However, it has faced minimal judicial scrutiny. It has had little or no impact on the positive formulation of social policy or improving the position of women. For example, it provided the constitutional and cultural background for the marriage bar and its detrimental impact on women’s choices, employment and economic independence, the legacy of which we are still dealing with today.

In practice, Article 41.2 has not supported the home or family; it has merely diminished the position of women.

There have been many deliberations on Article 41.2. The UN body tasked with examining and upholding women’s rights globally, the Committee on the Elimination of Discrimination Against Women, CEDAW, has repeatedly criticised Ireland’s retention of Article 41.2 in its current form. It expressed concern at the persistence of traditional stereotypical views of the social roles and responsibilities of women and men in the family and in society at large. CEDAW suggests that the male-oriented language be replaced with gender-sensitive language to convey the concept of gender equality more clearly.

The article has been reviewed extensively in the past, going back to 1996. All except the Second Commission on the Status of Women in 1993 recommended that the article be amended or replaced to recognise some form of care. When the members of the 2013 Constitutional Convention, which the National Women's Council of Ireland addressed, voted to express their view 88% said it should not be left as it is and 88% chose to amend or modify it, with only 12% favouring a straight deletion. The most recent Government task force recommended options for the insertion of language regarding care and recommended an option to place new text in Article 45.

Over the years, the NWCI has consulted widely with our members. It is clear from all our conversations with our members that everyone is agreed that there is no place for discrimination in our Constitution. It was opposed in 1937 by women activists and feminists and it has no place in today’s Ireland. In our consultations there was no disagreement regarding the need for the sexist language in Article 41.2 to go. On this matter, everyone agrees. However, once we move on from the sexist language and the positioning of women in the home, our discussions around Article 41.2 move quickly to the complex choices and challenges that many of us face every day. These issues relate to our understanding of family and home, the roles of women and men, economic supports for parents and work-life balance and the contribution of care and carers.

Views expressed by our members on the article also quickly move to the need for adequate provision of supports and time to care and to be cared for, both inside and outside the home. There is also a very strong argument that those receiving care need to be recognised within that relationship, and valued to the same extent as those providing care. The discussion on this article is complex and connects to a broad range of issues that need to be considered when proposing a referendum.

The issue of care is central to women’s equality and the NWCI recognises the complexity of issues when we discuss the area of care. In all the discussions on Article 41.2, the NWCI has advocated for the need to recognise and to value care in our society. Care work is essential to the common good; it performs vital social and economic functions. Recognition and valuing of affective care is fundamental to full equality for women. Affective care refers to human dependence and interdependence and the right to give and receive love and care.

One of the key challenges is that while there has been a significant increase in women’s participation in the labour market, this has not been balanced by any increase in the contribution of men to domestic or care work. Nor has there been an adequate State response through recognition of, or investment in, care work. We are concerned that the current discussion on care and Article 41.2 is being narrowed to a consideration of carers, which is only one aspect of care and affective equality and could lead to what the Taoiseach has referred to as a hierarchy of rights, which is not the intention of NWCI.

The NWCI members are also very conscious of the context of Article 41.2. Article 41 includes a definition of the family which does not reflect the reality of families in Ireland nor the diversity of family life. It presumes a male breadwinner and a two-parent household where a woman stays at home and it does not take into account the reality of the many LGBT families and one-parent families.

The NWCI considers that the role of affective care in the achievement of equality should be recognised and supported through a combination of constitutional, legislative and policy change.

We know social change can have complex personal impacts that deserve consideration and respect. We need time for a public conversation that considers any proposed new wording and any accompanying legislation. We believe this process needs to begin immediately so we can proceed with holding the referendum in 2019. We ask the committee to recommend to the Government that a public consultation or conversation is established to consider a combination of constitutional and legislative change options that recognise the importance of care in its full form and that enough time and resources are provided to help the public understand and discuss the proposed changes and their implications. We ask for this to happen before a referendum is held. We have not suggested in our submission a particular form for the public consultation but it could be along the lines of how the Citizens' Assembly dealt with the eighth amendment.