Oireachtas Joint and Select Committees

Wednesday, 19 September 2018

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Thirty-eighth Amendment of the Constitution (Role of Women) Bill: Discussion

9:00 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I fundamentally agree with Ms Logan on that but the problem with creating a constitutional right, as we have seen before, is that extends beyond what was sometimes intended. It is not as though this will always have positive consequences; it can also have negative consequences because the social welfare budget for other areas is then attacked and the State has limited money. I am sure many of the witnesses are aware of the fact that when it comes to rights such as this it is the well-resourced, the well-informed and the well-financed who gain access to the courts to have their rights vindicated. If such individuals succeed with a case this does not necessarily mean that less resourced people may also succeed. This is a concern.

I appreciate that the witnesses have clarified that they believe that there should be a socioeconomic right in place.

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