Are Seperate Rights Equal Ones?
In June 2009, Mr. Dermot Ahern, Minister for Justice, Equality and Law Reform published the draft civil partnership bill. Undoubtly the publication of the draft leglisation marked an important new deparature in Irish family law. The exuberance surrounding its publication, however has been marred by the significant limitations of the proposed legislation. Examples of these limations include the failure to recoginse the diversity of family units and the failure to deal with adoption issues. In essence, the proposed civil partnership bill is a half-measure.
Some particularties of the limations of the civil partnership bill include:
- Separation- Married couples divorce, civil partnerships instead “dissolve” their union. The difference in terminology and the fact that it is easier to terminate partnerships than marriage clearly show that policy makers view partnerships less important to the value of society
- Adoption Rights- Same-sex couples remain ineligible to adopt a child, even the child or children of their civil partnership. Currently an individual regardless of sexual orientation is eligible to apply to adopt. Same-sex couples are eligible to foster children (and many do) but the same couples cannot adopt. This situation seems unfair and hypocritical
- Home not recognised as a family home- instead termed “Shared home”
- Tax & Social Welfare discrepancies- Bill does not deal with income tax, capital gains tax, stamp duty and social welfare benefit. Government instead plan on legislating separately for this. Will civil partnership be equal to married couples in this regard??
200,000+ Irish citizens are gay or lesbian (Approximately 5% of the population): limitations of the bill has major implications for this relatively large “minority group”. Furthermore, the 2006 Irish Census identified 121,000 co-habiting couples (although it is suspected that there are many more however co-habiting couples are hesitant to make themselves known to census data collectors who are personally known, especially in rural areas)
In 2006 the Government commissioned Colley report on co-habiting couples found that extending equal marriage rights to same-sex couples was the only way to end discrimination and ensure equality. The proposed civil partnership bill rules out the prospect of equal marriage rights for same-sex couples.
Consider the following articles of the UN Declaration of Human Rights:
Article 7 of the UN Declaration of Human Rights states:
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 16 of the UN Declaration of Human Rights states:
1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2) Marriage shall be entered into only with the free and full consent of the intending spouses.
3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
With all this in mind, do you think you are equal?