Ireland voted to remove constitutional reference to “women in the home”

Following the significant same-sex marriage and abortion referendums in 2015 and 2018 respectively, the Irish population voted on Friday to decide whether to eliminate the ”women in the home” reference from their constitution. However, in contrast to the aforementioned referendums, Irish women, both domestically and internationally, do not seem to be as engaged in the outcome of this vote.

While they appreciate the move, women in Ireland said the vote appears to be more symbolic. Women would benefit more from accessible childcare, increased workforce flexibility, and, ultimately, addressing the substantial issues of gender inequality and caregiving obstacles. Although semantics are important, they do not effectively address the deeper challenges.

The article was introduced in the Constitution in 1937

Article 41.2 of the Irish constitution, established in 1937 during a period when the Catholic Church held significant influence over both public and private life in Ireland, asserts that “by her life within the home, woman gives to the State a support without which the common good cannot be achieved.” Additionally, it stipulates that “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.”

Irish Foreign Affairs Minister Micheal Martin remarked in December that the current wording “no longer reflects modern life,” while Equality Minister Roderic O’Gorman noted that the existing article “seeks to contain women in a very singular role, a role that’s completely divorced from the reality of women’s lives, women’s careers across our State today.”

The proposed care referendum aims to replace the current article with a gender-neutral alternative, Article 42B, which reads, “The State recognizes that the provision of care, by members of a family to one another by reason of the bonds that exist among them, gives to Society a support without which the common good cannot be achieved, and shall strive to support such provision.”

Many in Ireland view the referendum positively, considering it a significant step forward for women’s rights. They see this as an opportunity to eliminate limitations on women’s roles from the Constitution and move beyond a dark chapter in the country’s history.

Although Ireland now ranks 9th on the EU’s Gender Equality Index, historical practices such as the Marriage Bar, which required women to resign from certain jobs upon marriage, persisted until 1973, making Ireland one of the last countries in the world to abolish it.

The new article’s wording faced backslash

Nevertheless, the referendum faced significant opposition, even from those supporting the removal of gendered and outdated language, primarily due to concerns about the proposed new wording. Critics said the problem for the government and the proponents of the referendum is the vague wording – the YES vote should win, but the wording is abstract and vague and avoids concrete commitments.

In essence, the current article is deemed stronger because the proposed replacement lacks an obligation for the State to provide support to caregivers.

Opponents of the new article argue that the language is so vague that it could lead to misinterpretation. According to them, the No campaign is not necessarily about keeping women in the home, but rather to avoid confusion and maintain special mention of the role of women in Irish society. Caregiving in Ireland often conforms to traditional gender roles, with 98% of full-time carers being women, along with 80% of paid carers.

In contrast to the widely discussed and headline-grabbing abortion referendum, the care referendum did not seem to have captured the country’s attention to the same extent. The abortion referendum was very different to the current one, because women died because of the ban and they had been traveling to other countries, such as the UK, to obtain abortions. The abortion ban was a tangible act rooted in religious doctrine that endangered women’s lives, making it a more pressing and widely discussed issue in the lead-up to the vote. In contrast, the care referendum was perceived as less tangible, potentially contradictory to contemporary Irish social values, leading the public to question its relevance in the Constitution.

The vote was scheduled on International Women’s Day

The timing of the vote has stirred controversy, with people labeling it “a double insult” to schedule the referendum on International Women’s Day. The vote also precedes an upcoming appeal in the Irish Supreme Court by the mother of a severely disabled boy denied the full means-tested carers allowance due to her husband’s €850 weekly salary.

Even among YES supporters, there’s apprehension that the referendum might be symbolic without significant material impact on Irish women’s daily lives. Recognizing family care in the Constitution should lead to practical supports, such as investments in public childcare and improved family leave. Critics of the referendum fear is that this constitutional change is just symbolic, and without legislation, the changes will not have a real effect.

The lack of affordable and accessible childcare is seen as a substantial barrier for Irish women working full-time. OECD statistics reveal that employment among working Irish mothers falls below both the EU and OECD averages.