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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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Conclusions: Solving the Unpaid Care/Paid Work Conflict

Conclusions: Solving the Unpaid Care/Paid Work Conflict

Chapter:
(p.178) 7 Conclusions: Solving the Unpaid Care/Paid Work Conflict
Source:
A Right to Care?
Author(s):

Nicole Busby (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199579020.003.0007

The book concludes that there is scope for developing a legislative right to care in European employment law. This is because, although the right is already authorised by a range of constitutional, legislative and policy instruments, its realisation depends on the necessary interpretation by the Court of Justice placing it in a vulnerable position. A consideration of possible regulatory models reveals that the UK's disability discrimination legislation and Australian state law provide models of good practice in certain respects, notably in offering examples of how ‘carer’ status might be used as the basis for reasonable adjustment of workplace practices and procedures and specific protection against discrimination. However, it is acknowledged that legislative activity at the EU-level would only comprise a starting point in the quest to reconcile unpaid care and paid employment with the capabilities approach suggested as a suitable framework within which future development might be evaluated.

Keywords:   reasonable adjustment, employment law, regulatory model, capabilities approach, workplace practices, paid employment

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