Mothers/Family and the Irish Constitution

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    just for discussion…..this is how women/the family are viewed under the current Irish Constitution. … and%20(Eng)Nov2004.htm
    The Family

    Article 41

    1. 1° The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law.

    2° The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.

    2. 1° In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.

    2° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.

    3. 1° The State pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack.

    2° A Court designated by law may grant a dissolution of marriage where, but only where, itis satisfied that ­

    i. at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the five years,

    ii. there is no reasonable prospect of a reconciliation between the spouses,

    iii. such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and

    iv. any further conditions prescribed by law are complied with.

    3° No person whose marriage has been dissolved under the civil law of any other State but is a subsisting valid marriage under the law for the time being in force within the jurisdiction of the Government and Parliament established by this Constitution shall be capable of contracting a valid marriage within that jurisdiction during the lifetime of the other party to the marriage so dissolved.

    Personally I like " The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home" …in what way I would ask. Women who stay home are entitled to no payment in their own right. They can claim ‘child benefit’ if working/not working, can claim tax free allowances ONLY if married to the father of their child/children so unmarried couples who have one person working are still taxed as a single person and can’t be taxed as a ‘married’ couple are. And house prices are so high that most people can only get mortgages based on two incomes and it has been that way for years. It also doesn’t allow for the modern family who may choose for Dad to be the caregiver and Mum to work. Very outdated.


    They spend thousands on spin doctors and secretaries for previous taoiseachs and state cars and all sorts of nonsense but nothing for the mammies & daddies who stay at home and are the backbone of the country and are the ones who are influencing the future generations.

    just another thing they are getting wrong 😕


    Agree Sabbi….lovely words and sounds perfect. Parents having the ‘choice’ economically to stay home when their children are young. Tell that to all the Mammies who are heartbroken leaving their little babies to return to work after maternity leave. Many feel its too soon but economically have no choice.


    Hi Ladies,

    I think this might be part of the constitution, which would have been written on the formation of the state. If it is, it would only have been changed as part of a referendum and I would image that the last changes were after the referendum on divorce.

    Ireland has changed considerably since that last referendum. A whole new type of family has emerged since then. On the issue of tax credits for married people – one of the two get the credit. It came about originally when the man worked and supported his wife and children. The single parent allowance is the attempt to give the single person that extra benefit. Co-habiting couples have little or no rights under the law. You are considered either single or single parent or married – there is no in between.

    Yes, in an ideal world, all mothers who choose to, would stay at home and mind their children and also get some sort of payment for it.

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