Chapter

Situating a Right to Care in European Employment Law

Nicole Busby

in A Right to Care?

Published in print April 2011 | ISBN: 9780199579020
Published online May 2011 | e-ISBN: 9780191725296 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199579020.003.0004

Series: Oxford Monographs on Labour Law

Situating a Right to Care in European Employment Law

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This chapter explores the appropriate form and content of the proposed right which must be compatible with pre-existing EU provisions and associated ideology. Although its hybridity makes it difficult to situate within the traditional hierarchy of rights, authority for a right to care which combines civil, political and social claims is clearly enshrined in the fundamental principles of EU law embedded in the Treaties' provisions and realised through secondary legislation and the Court's interpretation. The UK labour law framework is used to show how neoliberal ideology has pervaded the conceptualisation and interpretation of the principles underpinning employment relations. An alternative ideology is needed which is based on moral and ethical considerations with an enhanced emphasis on substantive equality. Such a change is in line with the transformation currently taking place within labour markets by which the foundations on which traditional conceptions of employment regulation are based is shifting.

Keywords: rights; social claims; EU law; equality; fundamental principles; ideology; labour law

Chapter.  13864 words. 

Subjects: Employment and Labour Law

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