Jump to ContentJump to Main Navigation
A Right to Care?Unpaid Work in European Employment Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 November 2020

Situating a Right to Care in European Employment Law

Situating a Right to Care in European Employment Law

(p.66) 4 Situating a Right to Care in European Employment Law
A Right to Care?

Nicole Busby (Contributor Webpage)

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .