1st Edition

Caring Responsibilities in European Law and Policy Who Cares?

    214 Pages
    by Routledge

    214 Pages
    by Routledge

    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



    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?



    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