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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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European Union Law and Policy: Balancing Paid Employment and Unpaid Care within a Market Order

European Union Law and Policy: Balancing Paid Employment and Unpaid Care within a Market Order

Chapter:
(p.93) 5 European Union Law and Policy: Balancing Paid Employment and Unpaid Care within a Market Order
Source:
A Right to Care?
Author(s):

Nicole Busby (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199579020.003.0005

This chapter considers the ‘fit’ of the proposed right to care within the pre-existing EU legal and policy framework. The appropriate body of law and policy aimed at reconciling personal and professional life, which incorporates Treaty provisions, the Charter of Fundamental Rights, secondary legislation and soft law, although substantial, has not been the subject of a particularly smooth transition from closer economic co-operation to greater social integration. Having evolved in a reactive and incremental fashion, the relevant framework lacks the cohesion that might have resulted from a more comprehensive overarching strategy but, nonetheless, provides a more than adequate foundation for the progression of a right to care within European employment law. Interlaced with the analysis of the specific provisions of EU law, is a consideration of the Court of Justice's immense contribution in this respect.

Keywords:   social integration, employment law, soft law, care, Charter of Fundamental Rights

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