Constitution review body wants widened definition of family

SIGNIFICANT changes in the family rights provisions of the Constitution are recommended by the Constitution Review Group in its final report to the Government. The Government appointed group of experts, chaired by Dr T.K. Whitaker, is proposing that all family rights, including those of unmarried mothers or fathers and children born of unmarried parents, should now be placed in Article 41. This Article recognises the family as the fundamental unit in society.

The group also recommends that legislation should be introduced to define the "unborn", to protect medical intervention and to place a time limit on lawful termination of pregnancy because of the unsatisfactory nature of the "right to life" clause in the wake of the "X" case on abortion.

The 654 page final report of the group will be published by the end of this month and then presented to an all party committee of the Oireachtas.

On Article 41, the group outlines a series of constitutional amendments to guarantee respect for family life inside and outside marriage to change the position of women in the home and to give every child the right, as far as practicable, to know the identity of his or her parents.

In its most controversial conclusion, the group cites many difficulties with Article 40.3.3, the so called right to life clause in the Constitution, asserting that the state of the law, both before and after the verdict in the "X" case, gives rise to much dissatisfaction.

While, in principle, major issues such as the definition of the "unborn" should be tackled by constitutional amendment, "there is no consensus as to what that amendment should be and no certainty of success for any referendum proposal for substantive constitutional change in relation to this sub section", the report states.

It concludes. "The Review Group, therefore, favours, as the only practical possibility at present, the introduction of legislation covering such matters as definitions, protection for appropriate medical intervention, certification of `real and substantial risk to the life of the mother' and a time limit on lawful termination of pregnancy."

The revised Article 41, suggested by the group, would add a number of new elements to the family provisions in the Constitution. The State's recognition of the family as the primary and fundamental unit of society would be maintained, but a new clause would give a guarantee 19 all individuals of respect for their family life "whether based on marriage or not".

The report recommends that children would be given an express guarantee of certain rights, including the right of every child to be registered after birth and to have a name from birth the right of every child, as far as practicable, to know the identity of his or her parents, subject to the proviso that such a right should be subject to regulation by law in the interests of the child.

There should also be an express requirement that in all legislative, judicial or administrative actions involving children the best interests of the child should be the paramount consideration.

The group recommends that Article 41.2, which recognises the special position of women within the home, should be made more "gender neutral". The new wording suggested is. "The State recognises that home and family life give society a support without which the common good cannot be achieved. The State shall endeavour to support persons caring for others within the home."

Article 29, dealing with the conduct of the State's international relations, is considered in some detail. It is recommended that Article 29.3 should be amended to make it clear that it covers public international law only and not private international law.