The proposed amendment to the role of women and carers in the home is “ineffective” and “implicitly sexist”, according to FLAC.

In a legal analysis of the upcoming March 8th referendums, the Free Legal Advice Centre (FLAC) said the ‘care’ amendment is “as ineffective as the current, so-called, ‘women in the home’ provision”.

“It is highly regrettable that voters do not have the choice to simply delete the current so-called ‘women in the home’ provision, which is ineffective, sexist and offensive,” it said.

The human rights organisation said the amendment is “unlikely” to provide carers, people with disabilities or older people with any new rights.

It also said it does require the State to provide improved services to families.

'Harmful stereotypes'

FLAC also noted the constitutional amendment would solidify “harmful stereotypes such as the concept that the provision of care, including the care of older adults and adults with disabilities, is the private responsibility of unpaid family members without any guarantee of State support”.

“The proposed Article 42B endorses a status quo where women undertake the bulk of unpaid care work and places no obligation whatsoever on the State to redress this gender imbalance – rendering it an implicitly sexist amendment,” it said.

FLAC also said the change would create harmful stereotypes framing people with disabilities “as the subjects of family care rather than autonomous individuals and rights-holders".

“On the basis of this analysis, and because it is a missed opportunity for the rights of women, carers, older people and people with disabilities, FLAC does not support the ‘care’ amendment.”

Family amendment

FLAC said amendments to the definition of family would “have positive policy and legal implications”.

“[It] will lead to practical improvements in the lives of diverse families that are found by the Courts to come within the definition of ‘durable relationships’,” it said.

The organisation did note, however, the “legal consequences” of the family amendment “have not been explained adequately to date”.

The two referendums will take place on March 8th, International Women’s Day.

Those in favour of the amendments have said they will remove stereotypes about women and modernise the definition of families. Campaigners against them have said they diminish the role of women and the importance of marriage.

FLAC has said it will not be campaigning on either side of the debate.