Eugenia Caracciolo Di Torella, Annick Masselot
February 18, 2020 Forthcoming
Reference - 216 Pages
ISBN 9780415529716 - CAT# Y136486
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This book explores the emerging engagement of EU law with care, childcare and long-term carers.
The book argues that the regulation of care is crucial because it enables the development of a broad range of EU policies, allowing the sustainability of society and ultimately allowing individuals to flourish. Yet to date, the EU approach to regulate the caring relationship remains piecemeal and lacks the underpinning of a cohesive strategy. Against this backdrop, this book argues that the EU can and must take leadership in this area by setting principles and standards in accordance with the values of the Treaty, in particular gender equality, human dignity, solidarity and well-being. The book further makes a case for a stronger protection for carers, who should not only be protected against discrimination, but should also be supported, valued and put in the position to make choices and lead full lives. In order to achieve this, a proactive approach to rebalancing the relationship between paid and unpaid work is necessary. Ultimately, the book puts forward a series of legal and policy recommendations for a holistic approach of care in the EU.
Table of Contents
Setting the scene: ‘Everyone cares. Everyone is cared for’
Concepts of care
(i) The Markers of the caring relationship
(ii) Childcare v Other Types of Care
(iii) The demographic of care
Should the EU care about care?
(i) Care cannot be confined to domestic borders
(ii) The business case
(iii) The moral case
Structure of the book
Chapter 1: Conceptualising care
Rights and care
(i) Rights, Care and the EU: uneasy bedfellows?
(ii) A feminist analysis of care: the sameness/difference debate
Beyond the sameness/difference debate: an alternative perspective on rights
(i) Rights, care and capabilities
(ii) The Ethic of Care
Chapter 2: The emerging EU childcare strategy
The Diversity of Childcare Arrangements in the EU Member States
Challenges and shifting rationales
The governance of childcare
The development of the EU childcare strategy
The first phase: early developments
The second phase: The Treaty of Amsterdam
The third phase: The Work-Life Balance Package and the 2008 financial crisis
The fourth phase: childcare post-2010 - an emerging children’s rights framework?
Chapter 3: The EU and Long-Term Care
Long-Term Care: the main features
LTC Challenges …
… and opportunities
The rationale for EU involvement
LTC policy development in the EU and in the Member States
Recent Policy Development on Long-Term Care.
Chapter 4: The EU and carers
Carers, non-discrimination and equality provisions
(i) Gender equality
(ii) Other grounds of discrimination
(iii) Discrimination by association
Carers and the work family reconciliation provisions
(i) The leave provisions
(ii) The time provisions
Chapter 5: Reframing the Debate
Using the EU fundamental principles and values to underpin a legal framework for care
A rights-based strategy for carers
The Legal base
In search of the personal scope: who has caring responsibilities?
The material scope: rights for carers
Identifying the Challenges
The future of Care in the EU: towards a holistic approach?