Oireachtas Joint and Select Committees
Wednesday, 26 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 (Resumed)
9:00 am
Mr. John Dunne:
I said quite explicitly in my remarks that we do not see this as creating any massive new socio-economic right. I think the wording "shall endeavour" has delivered. There have been policies to support care in the home over the years. There may not have been much judicial review of them. I assure Deputy O'Callaghan that if a provision with the wording "shall endeavour to support carers" goes in and we feel it is being neglected, we will take the opportunity to challenge that as an organisation. In doing so, we would recognise that it would be quite easy for the State to defend, so it would have to be something pretty egregious before it would be used. The main point of our argument is not about socio-economic rights; it is about recognition and the fact that, like it or lump it, that provision is in the Constitution. Taking it out will be seen as a significant regressive step. This is why we recommend putting in something which is not at all a whole lot stronger but at least leaving it in the Constitution as an acknowledgement of the value of care in the home.
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