Report on pre-legislative scrutiny of the General Scheme of the 38th Amendment of the Constitution (Role of Women) Bill, Houses of the Oireachtas, Joint Committee on Justice and Equality (2018)

The Oireachtas Joint Committee on Justice and Equality was requested by the Taoiseach to consider the General Scheme of the 38^th Amendment of the Constitution (Role of Women) Bill in terms of pre-legislative scrutiny. Article 41.2.1º of the Constitution provides: “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.” Analysing the history of the provision, the Committee recognised that it was largely symbolic and has had little practical value, but that the dominant view was that it is desirable to amend or repeal it on account of its patriarchal and stereotyping nature. The Committee considered that the only avenue forward was to decide whether to delete the article simpliciter or replace it with alternative wording that is more appropriate to the present day and that reflects the value and recognition that society wishes to place on the role of carers in society. The former would bring legal certainty but the latter could arguably achieve a greater societal role. The Committee took the view that replacement with alternative wording was the most appropriate means of reform. In light of some disagreement over whether the alternative wording should be merely symbolic or involve entrenchment of meaningful socio-economic rights, the Committee proposed two options. The first proposal included draft wording which contained gender-neutral language. The second proposal recommended further dialogue and public consultation on the role and value of care work. As of 2022, there has been no change in the "role of women" constitutional provision.