Dr Sinead Kane: I’d like to hear more debate on ‘the family’
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I believe in equality. I believe in social justice.
At first glance you would think both referendums address equality and that the simple answer is to vote yes in both amendments.
Regarding the family amendment I’m still unsure of what way I’ll vote. I’d like to hear more debate and understand it better.
When it comes to voting in the care amendment, I am ticking the no box.
Regarding the family amendment I think extending the definition of family to those beyond marriage is a good thing. It would help cohabitating couples for example, a broader definition of family would have avoided the hassle the man who recently took a case to the Supreme Court had to go through.
However, I am concerned about what exactly does durable relationships mean and how it will be interpreted.
When we look at the care amendment, we see it removes the clause in the Constitution that references a woman’s life and a mother’s duties in the home and replaces it with a recognition of care within the family. If the referendum passes, language in Article 41.2 around “duties” of women in the home would be replaced with a new Article 42B, providing that the State will “strive to” support care within families.
I agree with the Free Legal Advice Centre (FLAC) who have described the care amendment as “ineffective”, “implicitly sexist” and potentially compromising the rights of people with disabilities. I think the care amendment is an opportunity missed. The care amendment perpetuates the notion of people with impairments being burdens on families rather than equal rights holders. It also puts all the pressure of caring on the family rather than the State taking more responsibility.
The use of the word ‘strive’ is weak and meaningless.
It deliberately assigns the duty of care to the family of which most carers are women.
Removing an outdated reference to women in the home, recognising the role of carers and embracing the reality of modern family life are important aspirations.
However, the big question I have is - does the amendment truly and genuinely recognise these aspirations?
- Dr Sinead Kane is a resilience, mindset, and teamwork keynote speaker. She is a qualified lawyer and has two PhDs, one academic, in disability law and policy and one honorary. Sinead has 5% vision and is registered as legally blind. An exceptional athlete she has competed and represented Ireland at ultra-distances, holding a double Guinness World Record. She achieved the record for the first blind person to run seven marathons on seven continents within seven days in January 2017.