Analysis provided by: Maggie Smieszek, Legal Expert.

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The Irish legal system is a common law system comprised of four sources of law including the Irish Constitution, case law from the courts, legislation, and European Community Law. The Irish Constitution contains a general equality provision that allows the State to give "due regard to the differences of capacity, physical and moral, and of social function" between men and women (Article 40.1). Two provisions in the Constitution (Articles 41.2.1 and 41.2.2) recognize a unique role for women in the home and as mothers. Therefore, there is an emphasis in official state policy on the role of women as mothers and caregivers, affecting women's family life, employment, as well as reproductive freedom.

Ireland has accepted the Beijing Declaration and Platform for Action from the Fourth World Conference on Women and introduced in recent years major pieces of equality-based policies and legislation. These include theEmployment Equality Act1998 and theEqual Status Act2000 which prohibit discrimination in both employment and non-employment areas on nine grounds, including gender, marital status, and family status. The new legislation created two new institutions - The Equality Authority, which is given powers to combat discrimination and to promote equality and the Office of the Director of Equality Investigations where the equality officers hear most of the cases taken under the legislation.

Other legal reforms in Ireland that have affected women included amendments and enactments of theFamily Law Act1995, theFamily Law (Divorce) Act1996 and theDomestic Violence Act1996. Ireland has also developed and implemented the National Action Plan for Gender Equality for 2000-2005. The introduction of new equality legislation and new infrastructural developments are significant for the achievement of gender equality in Ireland. The enactment of new legislation established new rights, created the institutional supports for accessing those rights and has enabled an approach to tackling inequalities.

The European Union has also been of critical importance in developing policy goals that have attached priority to measures to combat inequality for women in Ireland. Advances made by women have been to some extent fostered by the obligations imposed by the EU on the Irish Government. Rights have been secured by Irish women through the legislative and policy tools, including the introduction of equal pay, of improvements in maternity leave and of parental leave. However, there do remain discrepancies, particularly in regards to women's reproductive health, restrictive abortion laws and related polices.

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