There has been a widespread resurgence of rights talk in social
and legal discourses pertaining to the regulation of family life,
as well as an increase in the use of rights in family law cases, in
the UK, the US, Canada and Australia. Rights, Gender and Family Law
addresses the implications of these developments - and, in
particular, the impact of rights-based approaches upon the idea of
welfare and its practical application. There are now many areas of
family law in which rights and welfare based approaches have been
forced together. But whilst, to many, they are premised upon
different ethics - respectively, of justice and of care - for
others, they can nevertheless be reconciled. In this respect, a
central concern is the 'gender-blind' character of rights-based
approaches, and the ontological and practical consequences of their
employment in the gendered context of the family. Rights, Gender
and Family Law explores the tensions between rights-based and
welfare-based approaches: explaining their differences and
connections; considering whether, if at all, they are reconcilable;
and addressing the extent to which they can advantage or
disadvantage the interests of women, children and men. It may be
that rights-based discourses will dominate family law, at least in
the way that social policy and legislation respond to calls of
equality of rights between mothers and fathers. This collection,
however, argues that rights cannot be given centre-stage without
thinking through the ramifications for gendered power-relations,
and the welfare of children. It will be of interest to researchers
and scholars working in the fields of family law, gender studies
and social welfare.
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