Human rights body calls for change in 'sexist' Constitution

Sexist language and terminology in the State's 1937 Constitution should be replaced by more "gender-inclusive" language through…

Sexist language and terminology in the State's 1937 Constitution should be replaced by more "gender-inclusive" language through a referendum, the Irish Human Rights Commission (IHRC) has said.

The IHRC asked that "immediate consideration" be given to holding a referendum to amend the Constitution. Its call coincides with International Women's Day, which falls tomorrow, March 8 th.

Publishing its submission to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) today, the commission also claimed the Constitution was in violation of articles 2 and 5 of the convention.

"Article 41.2 of the Constitution is based on an out-dated view of the social roles of women as homemakers and mothers, thus ascribing to women a limited and dependent role which, in the view of the IHRC, is in violation of Articles 2 and 5 of CEDAW."

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That article in the Constitution recognises "that by her life within the home, woman gives to the State a support without which the common good cannot be achieved".

The Human Rights Commission claimed the Constitution "does not explicitly embody the principle of equality of men and women" and that Article 40.1 should be amended "to prohibit direct and indirect discrimination on the basis of gender, race, colour, age, disability, sexual orientation, religious belief, membership of the Travelling community, language, political opinion, property, birth or other status".

The UN committee will examine Ireland's 4 thand 5 threports under the convention this July. Officials will appear before the committee to defend measures taken by the State to implement the UN convention. Each state that is party to the convention must submit a five-yearly report.

President of the Human Rights Commission Dr Maurice Manning said: "The aim of the IHRC in compiling this submission is to provide the Committee on the elimination of Discrimination Against Women with an alternative and supplementary source of comprehensive and critical information.

"The persistence of gender inequality is demonstrated in women's gross under-representation in political life and on public boards; in the high prevalence of poverty amongst women; in the fact that domestic and other violence against women is an everyday reality; and in the fact that women continue to earn far less than men.

"Our submission contains a list of suggested questions for the Committee, as well as a set of recommendations for future reform in these areas," Dr Manning said.

The submission to the UN committee was launched Supreme Court judge Mrs Justice Catherine McGuinness. "In the light of current events, I particularly welcome the stress put on the difficulties experienced by older women - both older women in long stay care and older women living in their own homes, many of them alone," she said. "Historically many older women were prevented from participating in gainful employment through circumstances such as the marriage bar in the public and other major employment sectors.

"Others were inhibited from becoming economically independent by tradition and their surrounding family circumstances. This has resulted in many older women being dependant solely on the non-contributory old age pension. This is a very vulnerable group. It is good to see the Irish Human Rights Commission asking pertinent questions and making positive recommendations in this area."

The IHRC is critical of the continuing delay in the production of a National Strategy for Women, which it agreed to adopt in 1995. It also notes that women in Ireland are at a higher risk of living in poverty than men and states that "multiple discrimination" is experienced by diverse groups of women in Ireland.

Meanwhile, Ictu said women are being denied full participation in the Irish workforce due to lack of progress on parental leave, discrimination and equal pay.

Congress Assistant General Secretary, Sally Anne Kinahan said: "Equality in name only means women are being denied full participation in the workforce. Indeed, our evidence is that women are actually being forced from work, as a result of difficulties arising from childcare problems, the lack of flexible working and continued discrimination.

"In the absence of an affordable, accessible national system of childcare many women - as the primary carers - are finding that full participation in the workforce is impossible. Some have been forced to reduce their work hours, others have simply left the workforce."

The five sisters of Robert McCartney, who was murdered in Belfast in January, will travel to Dublin tomorrow to meet women TDs and senators from all parties to mark International Women's Day.