Family Law, Essay Example | Topics and Well Written Essays - 2000 words

Family Law, - Essay Example Under such circumstances, the state is bound to uphold and protect family interests in its constitution, as a pre-condition for ensuring social order and preserving the sanctity of marriage bonds. The preservation and development of the institution of marriage is also intrinsic to the growth and development of the Irish State and nation. Specifically, the law acknowledges the fact that the role women play at her home is important without which common progress cannot be realised. Therefore, the common contention is that family economic burden should not perforce a woman to seek income avenues and neglect in the carrying out of household duties and child-rearing activities, particularly because this forms the nucleus of the family establishment in Ireland. The sanctity of marriage and its continuance is also a state promise in Ireland. It is now sought to consider the family under the following Articles: Article 119: Marriage is the formation of family for expansion and growth of national population and the constitution is bound to protect marriage. In it both the male and female members enjoy equal status in the eyes of law. Article 120: It is of paramount importance that the parents raise their children in the right manner, in physical, mental spiritual and social fitness and this is to a very large extent, assisted by the government policies and programmes which are conducive to family rearing. Article 121: This article gives equal status to illegal children (children born out of wedlock) as to legitimate children Article 122: The lives of young people must be protected against exploitation of any kind and they must be prevented from indulging in moral and spiritual debauchery, and not tending to their minds and bodies properly. It is also the duty of the state to take proper steps for ensuring this. The concept of a nucleus family is based on the lives of a married couple wherein the man is the head and provider of the family and the woman is the sustainer and mother figure, who takes care of the family duties and the development of the physical, intellectual, spiritual and moral aspects of the children. Lifelong values to be cherished and implemented are passed on from the parents to their children from generations to generations and this evolutionary process is continued. The traditional stronghold of marriage gives it a social context based on natural law, and this is further sanctified by the discouragement of divorce, and also, the social disapproval of cohabitation. The campaign against the use of contraceptive devices promotes the birth of off-springs and the continuance of the proliferation of the humans in the state. Homosexuality is also strongly disregarded in the Irish Constitution. Article 41 & 42 of the constitution has been enacted with the sole purpose of the protection of the sanctity of marriages and the family. The Irish Constitution under Section 41.3.1 validates the family as a natural unit of social life, and the state is under commitment to carefully preserve this aspect of family life. The stronghold of marriage systems of which the family is a natural outcome, needs to be protected against outside incursions. In delineating this position, the law distinctly recognises the valuable contribution made to the welfare state. It is not