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A Right to Care?Unpaid Work in European Employment Law$
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Nicole Busby

Print publication date: 2011

Print ISBN-13: 9780199579020

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199579020.001.0001

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Situating a Right to Care in European Employment Law

Situating a Right to Care in European Employment Law

Chapter:
(p.66) 4 Situating a Right to Care in European Employment Law
Source:
A Right to Care?
Author(s):

Nicole Busby (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199579020.003.0004

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

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