Article 41.2 of the Constitution

Macha

The_Minister wrote: »

It has been referenced, but I don't recall any case where the decision turned on that article.

You'd have to ask in Legal Discussion for a definate answer, but I don't think any cases were decided on that basis.

Argument have been made using it (almost sure the one about letting women on juries had an argument regarding the article - would have to double check) but I don't think any have been successful.

Is it not also the case that in addition to references to gender specific roles in Irish law, there is also an attitude that permeates the judiciary?

Take for example the woman who was abusing her children in Roscommon. Wasn't she given a very reduced sentence because the judge couldn't get his head around a woman being a sexual predator?

The_Minister

taconnol wrote: »

Is it not also the case that in addition to references to gender specific roles in Irish law, there is also an attitude that permeates the judiciary?

Take for example the woman who was abusing her children in Roscommon. Wasn't she given a very reduced sentence because the judge couldn't get his head around a woman being a sexual predator?

I thought that was a legal limitation within the law, as opposed to the judge's opinion?

There is a very strong attitude toward women as carers etc in Family Law alright, and women tend to get lesser sentences then men for the same crimes, but that is not a constitutional issue, that is an issue with the attitudes of society and the judiciary.

EDIT: Just reread your post, you weren't saying it was a constitutional issue, but rather were addressing the larger issue of gender differences in the minds of the judiciary. Apologies.

Noreen1

I knew about it, and I think it's a good thing.
Those who have posted suggesting that the word a parent could be substituted have a fair point, though.

What struck me immediately when I read it though, was the fact that (surprise, surprise) the guarantees that it supposedly offers have not been adhered to.
Being realistic, how many young parents can afford to have one parent stay home, given the high cost of mortgages.

Noreen

Macha

The_Minister wrote: »

I thought that was a legal limitation within the law, as opposed to the judge's opinion?

Maybe it is?

The_Minister wrote: »

There is a very strong attitude toward women as carers etc in Family Law alright, and women tend to get lesser sentences then men for the same crimes, but that is not a constitutional issue, that is an issue with the attitudes of society and the judiciary.

Absolutely!

The_Minister wrote: »

EDIT: Just reread your post, you weren't saying it was a constitutional issue, but rather were addressing the larger issue of gender differences in the minds of the judiciary. Apologies.

No problem. Yeah, I see it as a wider issue than just the law.

The_Minister

You know those moments when you discuss something, and the next day that thing comes up?

Ruling underlines need to consult father on adoption

peardropruth

Check out a great book called "Women in Ireland" by Joan Beale (1986), Page 7 is directly quoting these sections of the const. but the book is a great "open a page and read"!
Regards
P.

Lucyfur

Zombie thread