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A Right to Care? - Unpaid Work in European Employment Law (Hardcover)
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A Right to Care? - Unpaid Work in European Employment Law (Hardcover)
Series: Oxford Labour Law
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A Right to Care? 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 labor 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 labor 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.
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