B.M and J.M (a minor suing by his mother and next friend B.M) v Chief Appeals Officer, Social Welfare Appeals Officer, Minister for Social Protection, Ireland and The Attorney General (Approved) [2024] IESC 51 (12 November 2024)

B.M and J.M (a minor suing by his mother and next friend B.M) v Chief Appeals Officer, Social Welfare Appeals Officer, Minister for Social Protection, Ireland and The Attorney General (Approved) [2024] IESC 51 (12 November 2024)

Only married women and married mothers are entitled to rely on Article 41.2 of the Constitution; as the first applicant is not married, she cannot rely on Article 41.2.

Citation
[2024] IESC 51
Parties
Applicant/appellant: B. M.; Applicant/appellant: J. M. (a minor suing by his mother and next friend B. M.); Respondent: Chief Appeals Officer; Respondent: Social Welfare Appeals Officer; Respondent: Minister for Social Protection; Respondent: Ireland; Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
12 November 2024
Procedural Posture
Constitutional Appeal / Supreme Court Judgment on Appeal
Outcome
Appeal dismissed; High Court refusal affirmed
Legal Topics
Scope of Article 41.2 of the Constitution, Definition of 'family' Under the Constitution, Entitlement to Constitutional Protection for Unmarried Mothers
Constitutional Law Social Welfare Law Scope of Article 41.2 of the Constitution Definition of 'family' Under the Constitution Entitlement to Constitutional Protection for Unmarried Mothers

Case Brief

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Parties

B. M.

Applicant/appellant

J. M. (a minor suing by his mother and next friend B. M.)

Applicant/appellant

Chief Appeals Officer

Respondent

Social Welfare Appeals Officer

Respondent

Minister for Social Protection

Respondent

Ireland

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether Article 41.2 of the Constitution applies only to married women and mothers
  2. 2 Whether applicants, not being part of a marital family, can rely on Article 41.2

Ratio Decidendi

Only married women and married mothers are entitled to rely on Article 41.2 of the Constitution; as the first applicant is not married, she cannot rely on Article 41.2.

Court Disposition

Appeal dismissed; High Court refusal affirmed