Caring Responsibilities in European Law and Policy : Who Cares? book cover
1st Edition

Caring Responsibilities in European Law and Policy
Who Cares?

ISBN 9780415529716
Published March 15, 2020 by Routledge
214 Pages

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Book Description

This book explores the emerging engagement of EU law with care and carers.

The book argues that the regulation of care by the EU is crucial because

it enables the development of a broad range of policies. It contributes to the

sustainability of society and ultimately it enables individuals to flourish. Yet, to

date, the EU approach to regulating the caring relationship remains piecemeal

and lacks the underpinning of a cohesive strategy. Against this backdrop, this

book argues that the EU can and must take leadership in this area by setting

principles and standards in accordance with the values of the treaty, in particular

gender equality, human dignity, solidarity and well-being. The book

further makes a case for a stronger protection for carers, who should not only

be protected against discrimination, but should also be supported, valued and

put in a position to make choices and lead full lives. In order to achieve this,

a proactive approach to rebalancing the relationship between paid and unpaid

work is necessary. Ultimately, the book puts forward a series of legal and policy

recommendations for a holistic approach to care in the EU.


Table of Contents

Table of Contents



Setting the scene: ‘Everyone cares. Everyone is cared for’

Concepts of care

(i) The Markers of the caring relationship

(ii) Childcare v Other Types of Care

(iii) The demographic of care

Should the EU care about care?

(i) Care cannot be confined to domestic borders

(ii) The business case

(iii) The moral case

Structure of the book

Chapter 1: Conceptualising care


Rights and care

(i) Rights, Care and the EU: uneasy bedfellows?

(ii) A feminist analysis of care: the sameness/difference debate

Beyond the sameness/difference debate: an alternative perspective on rights

(i) Rights, care and capabilities

(ii) The Ethic of Care


Chapter 2: The emerging EU childcare strategy


Defining Childcare

The Diversity of Childcare Arrangements in the EU Member States

Challenges and shifting rationales

The governance of childcare

The development of the EU childcare strategy

The first phase: early developments

The second phase: The Treaty of Amsterdam

The third phase: The Work-Life Balance Package and the 2008 financial crisis

The fourth phase: childcare post-2010 - an emerging children’s rights framework?


Chapter 3: The EU and Long-Term Care


Long-Term Care: the main features

LTC Challenges …

… and opportunities

The rationale for EU involvement

LTC policy development in the EU and in the Member States

Recent Policy Development on Long-Term Care.


Chapter 4: The EU and carers


Carers, non-discrimination and equality provisions

(i) Gender equality

(ii) Other grounds of discrimination

(iii) Discrimination by association

Carers and the work family reconciliation provisions

(i) The leave provisions

(ii) The time provisions


Chapter 5: Reframing the Debate


Using the EU fundamental principles and values to underpin a legal framework for care

A rights-based strategy for carers

The Legal base

In search of the personal scope: who has caring responsibilities?

The material scope: rights for carers


Final remarks

Identifying the Challenges

The future of Care in the EU: towards a holistic approach?




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Eugenia Caracciolo di Torella is an Associate Professor of Law at the University of Leicester, UK.

Annick Masselot is Professor of Law at the University of Canterbury, New Zealand