Professor Siobhán Mullally:

There are a number of examples of constitutional texts and case law from constitutional courts where there is much more extensive recognition given to socio-economic rights more broadly than has been given in Ireland either by the courts or in the constitutional text at the moment. I am not aware of any specific example of a reference to the role of carers but Article 41.2 has that in our constitutional text and, therefore, we have a precedent, albeit in a stereotypical and discriminatory way. It provides a starting point to expand it and remove the discriminatory element. It would allow us to ground what is behind that, which is to recognise the value of care and caring work in the context of family life. That is what we are trying to build on and, in doing that, we would draw on the International Covenant on Economic, Social and Cultural Rights. Our recent ratification of the CRPD gives another context to that as well. They are the kinds of international human rights obligations and obligations with regard to social security and caring more broadly that can ground it. The specific details are a matter for the Legislature, as is currently the case regarding payments around disability support, support for childcare and the work of carers. Those details will continue to be the responsibility of the Legislature. The idea is to provide a constitutional framework within which those decisions can be taken.