human rights

Fail to prepare, prepare to fail: Ireland’s marriage referendum

 

Yesterday, the day after Leo Varadkar’s coming out, the first shots of Ireland’s marriage referendum campaign were fired.

What the day’s discussions across national radio and television revealed – to me, at least – is that the Yes campaign is wholly unprepared and has been outmanoeuvred at the outset.

Although there are four months of this to go, the initial skirmish has undeniably been won by the No advocates.

The debates yesterday demonstrated that the No side has, as in other debates in the past, mastered the three key elements needed for success:

  • Political opportunity
  • Framing
  • Mobilisation
  •  

    Already, the Yes advocates are on the back foot. This seemed apparent to me in the morning, listening to Newstalk FM.

    By midnight, it was absolutely beyond doubt, in my view, that Monday, 19th January 2015 saw a resounding victory for the No campaign – before the campaign has even begun.

    Here’s how I think they achieved that.

    (more…)

    The problem with Clare Daly’s proposal on bodily integrity

     

    I saw this on Twitter this morning:

     

    Clare Daly TD proposal tweet 400x313

     

    The proposal by Clare Daly TD is to insert the following into Article 40 of the Constitution, replacing the existing Article 40.3.3°:

    The state acknowledges right of all citizens to personal autonomy and bodily integrity.

    Presumably the intention here is to remove the restrictions around abortion in Ireland, which many have argued have led to abortion effectively being exported abroad, most especially to England.

    This is the existing text of Article 40.3.3°, which was insterted following a referendum in 1983:

    The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

    One of the problems with Daly’s proposal is that it is exclusive, affecting only “citizens.”

    This wording creates a category of individuals in the state whose right to personal autonomy and bodily integrity is recognised – citizens of Ireland – and a category of individuals whose right to personal autonomy and bodily integrity is not recognised – those who are not citizens of Ireland.

    One obvious consequence of this approach is that a situation such as the case of Miss Y from earlier this year remains unaddressed.

    Thus, a fundamental right that is made contingent on citizenship status is no right at all.