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Published byBarry Lyons Modified over 9 years ago
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Constitution - Article 41 Family ‘natural, primary and fundamental unit group of society’ Only recognises the family based on a marriage between a man and a woman Prohibition on dissolution of marriage in 1937 Constitution. Amendment ( Nov.95) allowing divorce followed by legislation - 1996
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Constitution Review Group (1996) Submissions that definition of family be amended to include units other than those based on marriage (based on relationship rather than structure) Preferred option – retain present protection AND extend to all a right to respect for their family life – whether based on marriage or not
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Varieties of Families (with children) One-parent families Same-sex couples and children Co-habiting couples and children Blended families
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CSO Statistics Family Units 12% - non-marital couples-1/3 with children- sharp increase over last 20 years 18% - one-parent families (190,000) 33.1% of births outside marriage-24,844 (more than half to co-habiting parents)
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Traditional Family Household in Decline One –person households on the increase ( up18.7% since 2002) Continued fall in average household size – 2.8 (Dublin 2.5) Co-habiting couples fastest growing family type (up 48,200 since 2002 to 121,800) Fewer adult children living with parents
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Marital Breakdown 3,630 divorces granted in 2008 5,000 –including judicial separations & nullity applications Slowing down & levelling off of rate since introduction of divorce - joint lowest with Italy -linked to fall in marriage rate and later marriages since 1970s
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Supreme Court Judgment December 2009 High Court - lesbian couple – a ‘de facto’ family- entitled to protection of family rights Supreme Court – ‘There is no institution in Ireland of a ‘de facto’ family’ - Article 41 ‘…the family in Irish law is based on a marriage between a man and a woman’
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Civil Partnership Bill (Legislative programme Spring 2010) ‘..an extensive package of rights, obligations and protections for same- sex couples who register as civil partners’ and ‘a redress scheme for co- habitants’ Change ‘marital status’ to ‘civil status’ in Equality legislation
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Separated Teachers’ Support Group Set up 21 years ago Support for members Still difficult for separated teachers to be open in staffrooms – particularly in rural areas
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