In the Sinnott case, an autistic man claimed successfully that Stated had failed to provide free primary education for him up to the age of 18 years.\u00a0 His mother Cathy Sinnott independently claimed that her Constitutional rights, as part of the unit of the family, had been infringed.\u00a0 A majority of the Supreme Court recognised that she had rights as part of a family unit and duties as a parent within that unit.<\/p>\n
A breach by the State of the rights of one member of the family unit, here the child, ay impact on the family as a unit and on the parents.\u00a0 Reference was made to the special position of women \u201cin the home\u201d, which is recognised by the Constitution. The special recognition is not to be construed as representing a normal society, but as belonging to the whole of society.\u00a0 The recognition did not exclude women and mothers from other roles and activities.<\/p>\n
In the 21st century, the Constitution should be interpreted as recognising the work performed by women in the home, because of its benefit to society.\u00a0 Because the Constitutional links educational and family rights in the same Article, breach of the son\u2019s rights breached the mother\u2019s right.\u00a0 Reference was also made to the unenumerated right of the father in the family which was assumed, but not expressively stated in the \u00a0Constitution.\u00a0 The Constitution should be interpreted as a contemporary document so that the dated reference should itself be construed in a positive way, in the context of family rights.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Original Family Provisions Article 41 of the Constitution recognises the family as the natural and primary unit\/group of society.\u00a0 It guarantees to protect the family in its Constitution and authority.\u00a0 The protection is limited to the family based on marriage.\u00a0 The Article further provides that the State pledges to guard with special care the institution […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[37,164],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1057"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1057"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1057\/revisions"}],"predecessor-version":[{"id":1060,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1057\/revisions\/1060"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1057"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1057"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1057"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}