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
Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source
-----that recognises the symbolic role of carers. Perhaps I am looking at this too much as a cautious lawyer or something, concerned about what rights would be generated. I am sure it can be done in order that the wording could be amended so it would not give rise to any new interpretation.
I wish to ask the witnesses about one final point. I mentioned this to my colleagues yesterday. There is another provision in the Constitution, Article 45.4.2°. I will read out to the witnesses what it says. It comes under the directives in respect of social policy.
The State shall endeavour to ensure that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter avocations unsuited to their sex, age or strength.
I am not putting the witnesses on the spot here, but this provision is perhaps similarly anachronistic since it suggests that there are certain "avocations", which are jobs, that people cannot do because of their sex. I do not know if there are any that remain, but this was written in the 1930s, in fairness. Perhaps the witnesses could get a chance to reflect on this, even if they cannot do so today. It could be amended by the deletion of the word "sex" in order that we would still take account of age and strength.
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