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
Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source
I thank the witnesses from the various organisations for their attendance. Many of my questions already have been asked. I believe that there is a value in having positive social economic rights enshrined in the Constitution. One of these rights should relate to housing but, realistically speaking, there is not a legislative entitlement to housing at present.
A constitutional right is not an absolute right. I am trying to understand the implications if, rather than just a symbolic revision, we were to insert a provision in the Constitution that gives rights. Is it possible to get a sense of how the provision might be limited, qualified or applied? What wording should be used? Let us say in two years' time there has been a constitutional amendment whereby the provision is not in Article 45 but it is strong enough to give rise to rights. In what circumstances would the organisations like to see that the provision could be used in a court case in furtherance of their rights?
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