A Right to Care? Unpaid Work in European Employment Law

Author: Niciole Busby
Publisher: Oxford University Press
ISBN: 9780199579020
Published In: April 2011
Format: Hardback
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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Examines unpaid care work and paid employment, a topical and complex area of employment law, and provides an understanding of key policy issues and the legal problems involved
Uses an interdisciplinary approach which brings together a range of sources from law, economics and social policy, placing the law in its wider context
Provides a clear-cut policy solution to the problem of unpaid care work, involving the establishment of a right to provide care
This book considers the reconciliation of unpaid care and paid work which is among the most pressing and difficult problems currently facing employment law. The incompatibility of carers' needs and the demands of the labour market is commonly identified in relation to working mothers, but is by no means confined to this group as dependency for aspects of personal care can arise as a result of disability, illness or aging. In all of its forms, unpaid care is predominantly provided by women so that its intersection with paid work is severely gendered. In recent years European integration has focused on the need to increase employment rates whilst maintaining labour market flexibility. Many workers who seek to combine unpaid care with paid employment find themselves engaged in increasingly precarious forms of work, yet legal and policy responses have, to date, been reactive and incremental, resulting in a framework which is operationally ineffective in certain respects.

Nicole Busby explores the potential for the development of a specific right to care within European employment law which would facilitate the reconciliation of these two central aspects of an individual's life and, in raising the status of care, would assist in the rebalancing of paid and unpaid work between men and women. The central premise is that the current constitutional and regulatory framework is in fact sufficiently flexible to take account of the diverse circumstances and resulting needs of working carers and that the European Court of Justice has the competence and capability to provide the necessary creativity to give effect to such a right. She argues that what is needed to instil coherence and consistency is a specific focus on unpaid work within European employment law, and provides a policy solution on how this should be brought about.

Readership: Scholars and students of labour law, welfare law, family law, and care law; students and activists interested in social theory and social policy.

1: Introduction: Identifying the Work/Care Equation

2: Theoretical Perspectives on Work and Care

3: Paid Work and Unpaid Care: The Unsolved Conflict

4: Situating a Right to Care in Employment Law

5: EU Law and Policy: Balancing Paid Employment with Unpaid Care within a Market Order

6: The European Court of Justice: Conceptualising the Work/Care Equation

7: Regulating Unpaid Work in European Employment Law: The Capabilities Approach

8: Conclusions: A Right to Care?;

Nicole Busby, Senior Lecturer in Law, University of Stirling

Nicole Busby is a Senior Lecturer in Law at the University of Stirling. She has a special interest in European Labour Law, in particular in the areas of sex equality and discrimination.

"This is a very welcome, important, and scholarly text." - Luke Clements, Journal of Law and Society