Amendment of Article 41.2 of Irish Constitution

WN4

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Would any amendment to article 41.2 have positive implications for the treatment of male main carers in the family law courts?
 
41.2° The State, therefore, guarantees to protect the Family in its constitution and authority, as the necessary basis of social order and as indispensable to the welfare of the Nation and the State.

What sort of amemdment? The marital family and the consequential wider family (eg the grandparents etc) as the 'nuclear' family are de facto the only one recognised under Constitution.

If you are asking about the unmarried father - who has virtually no rights - then the change this would be a major change.

As it transpires this article might be viewed as aspirational in that the Supreme Court currently does not view itself having a huge role in what are termed social and economic rights. You might recall the Sinott case where her child was over 18 and the Court esentially held that the right to education ceased at 18 - despite the obvious merits of her case.

If you wanted serious legal opinion on it I would suggest David Langwallner of Griffith College - he is a barrister with a reputation on Constitutional matters in this very arena.
 
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