NWCI expresses disappointment on the definition of the family

Published: Tuesday, January 24, 2006

The National Womens Council of Ireland (NWCI) has expressed disappointment that the All-Party Oireachtas Committee on the Constitution does not favour a new definition for the family. The Committee has agreed to maintain the definition of family to be one that is based upon marriage. The Council were reacting to the publication of the Tenth Progress Report: The Family launched last night in Dublin.

The NWCI were one of several organisations, which made submissions to the All-Party Oireachtas Committee on the Constitution last year. With the publication of this Report, the NWCI wished to highlight several areas of concern.

There has been no proposed change to the wording on the definition of the family in the Report, stated Ms Marie Hainsworth, NWCI Deputy Chairperson. The Irish Constitution, through the provisions of Article 41, recognises the family as the natural, primary and fundamental unit of society only in so far as it is based upon marriage she continued.

The NWCI however, advocates the use of the definition of family as outlined by the United Nations: Any combination of two or more persons who are bound together by ties of mutual consent, birth and/or adoption or placement and who, together, assume responsibility for, inter alia, the care and maintenance of group members, the addition of new members through procreation or adoption, the socialisation of children and the social control of members.

In its Submission to the Committee last year, the NWCI also made reference to Article 16.3 of the Universal Declaration of Human Rights which states that: The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. The UN accepts that the concept of family is not restricted to that of the traditional family based upon marriage.

The NWCI believe that the Constitution should have due regard to the rights and concerns of all families and should reflect the reality of family diversity in Ireland stated Ms Hainsworth.
The NWCI welcomes the constitutional change proposed to take out the reference to women in the home and substitute a gender-neutral wording, which can apply equally to men. However, the NWCI wish to highlight the key issue of both acknowledging and fully recognising the full caring role of both men and women regardless of whether they are parents, which has not been addressed. Many women care for family members young and old - at home and recognition or protection for this role in society is still not being provided for.

In relation to the proposed introduction of some form of civil partnership rights, Ms Hainsworth stated that the NWCI is still concerned that the real issues facing women in same-sex relationships are still not being heard: Our members have stated that the biggest issue facing women in same-sex relationships is the security for their children, in particular if anything should happen to the biological parent.

Any discussion on civil partnership rights needs to acknowledge the issue of adoption by non-biological parents including women in same-sex relationships she continued.
On a positive note, the NWCI praised the report for responding to calls to strengthen the constitutional rights of the child.

In conclusion Ms Hainsworth stated; Last night, the Taoiseach placed great value on the work of the report in assisting the government to ensure that the diversity of family life is given due protection today. However, the Committees proposal not to broaden the definition of the family automatically means that the reality and the diversity of family life in Ireland will not be recognised within our Constitution. This reality and diversity cannot therefore be given the due protection today that the Taoiseach speaks of. The reporting process was a critical opportunity to recognise family diversity in Ireland and to provide equal rights for all family units. The NWCI is disappointed that this opportunity has been lost.