Fortieth Amendment of the Constitution of Ireland

8 March 2024 (2024-03-08)

To revise references to care within the family

The Fortieth Amendment of the Constitution (Care) Bill 2023 (bill no. 92 of 2023) is a proposed amendment to the Constitution of Ireland to revise references to care within the family. The government intends to hold a referendum on the amendment on 8 March 2024, as well as a referendum on the Thirty-ninth Amendment of the Constitution (The Family) Bill 2023.[1]

Wording

The bill was introduced by the Minister for Children, Equality, Disability, Integration and Youth on 8 December 2023.[2]

The amendment would repeal Article 41.2 of the Constitution, which provides:

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.

Article 41.3 and 41.4 would be renumbered as Article 41.2 and 41.3 respectively.

A new article would be added to the Constitution:

Article 42B
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.

References

  1. Finn, Christina (5 December 2023). "Referendums on 'women in the home' reference and wider definition of family to be held in March". TheJournal.ie.
  2. "Fortieth Amendment of the Constitution (Care) Bill 2023". Oireachtas.


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