Revisiting Article 41.2

Throughout the history of Bunreacht na hÉireann, Article 41.2 has been one of the most consistently controversial provisions. From the moment the Constitution was published, this provision provoked anger from women’s groups and for a long time now it has been generally recognised that this provision is in need of reform. Following years of vague promises to take action, the government recently announced its intention to hold a referendum on Article 41.2 in the coming year. However, at present, it is unclear whether the referendum proposal would be one which would repeal the provision or amend it. In this context and in advance of a potential referendum campaign, the aim of this piece is to attempt to clarify the purpose and potential of this provision with a view to recommending the most appropriate approach for a vote on this topic. First, it will be necessary to go back and investigate the origins and original intent behind this seemingly unusual provision. Then the practical effect of the provision, in terms of its impact on case law, will be analysed. Finally, potential reform proposals will be considered.