What is this?
On March 8, 2024 (International Women’s Day) Irish citizens will be asked to vote on two amendments to the Constitution; the 39th Amendment of the Constitution – (The Family) Bill 2023, and the 40th Amendment – the Care Bill 2023.
What changes will be made?
The first referendum to be voted on, the 39th Amendment will change Article 41, and proposes to expand the definition of family in the Constitution to recognise a wider concept of family, meaning that a new obligation will be put on the State to protect families beyond the marital family, based on ‘durable relationships’, such as cohabiting couples and their children.
It also proposes to delete wording from Article 41.3.1, which states that marriage is the institution ‘on which the family is founded’, which currently does not take unmarried families, cohabiting families and single-parent families, among others, into account.
The second referendum proposes the replacing of language around “women in the home” in the Constitution with language recognising care within families.
The care amendment would replace the current Article 41.2, which recognises the contribution to society made by women in the home, with a gender-neutral provision obliging the State to “strive to support” care in the family.
It will also insert a new Article 42B which would state: “The State recognises 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.”
The purpose of Article 42B is to formally acknowledge the vital role of family carers in Irish society.
It aims to ensure that the state supports those who provide family care, recognising the invaluable contribution of family carers to society.
What is the context for these referendums?
Three decades of recommendations to delete, amend or modify existing legislation have been made by interest groups and Oireachtas Committees for over three decades, in 2018, 2016, 2013, 2006, 1997, 1996, and 1993.
The most recent proposals for referendums on these aspects of the Constitution come from recommendations from a Citizen’s Assembly, which took place in 2022.
Historical critiques of the status of women in the Constitution date back to its establishment in 1937, with famous Irish feminist activist Hanna Sheehy-Skeffington deeming to be ‘anti-women’.
Significant developments have been made to progress women’s rights in Ireland over the last several decades, including the removal of the marriage bar which banned women from working in the public sector once they were married.
In 1973, the legalisation of contraception in Ireland in 1979, the ratification of the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) in 1985, legalising divorce in 1996, and repealing the eighth Amendment of the Constitution to legalise abortion in 2018.
The upcoming referendums also come at a time where Ireland has responsibilities, under the Sustainable Development Goals (SDGs), to achieve Gender Equality by 2030, and the passing of these referendums acts as progression to achieving these goals.
How do I register to vote?
Registration to vote can be done on www.checktheregister.ie.
Applications for a special or postal voting arrangement must be received by your local authority by Monday February 12.
Applications to register or change details must be received by your local authority by Tuesday February 20.
This includes students who must change their postal address to their student address, so they do not have to go home to vote. This requires filling out a short online form.