Derecho y cuidados. Una mirada a la organización socio – jurídica de los cuidados desde el Feminismo Jurídico.

Student thesis: Doctoral thesis

Abstract

With the aim of assessing from a feminist standpoint the social and legal model for care in Spain, putting specific emphasis on the care system which is conceived by its regulatory framework as well as its impact on gender and rights, the present PhD Thesis is structured in three chapters: Based on the assumption that the meaning of the term care is complex and controversial, the first chapter explores the notion of care and the feminist criticisms vis-á-vis its legal and social organization. By means essentially of a philosophical analysis from a gender and rights perspective, this chapter stresses that the care system is underlain by the liberal, capitalist and patriarchal schools of think underlie It also questions to what extent this model - that allocates rights and duties in relation to care- is consistent with human rights, which are the ultimate aim of any State based on the social rule of law. The second chapter focuses on the assessment of the care legal regime under the Spanish legal order, taking also into account supranational human rights rules that establish duties and guidance on this topic. This regulatory analysis is based on Legal Feminism methodologies, in order to highlight those rights and duties with respect to care that are recognised as well as the impact of this regulatory framework on gender and rights. Finally, the third chapter evaluates the scope, effectiveness and social consequences of the referred regulatory framework through the assessment of the sociology of Law. This chapter also argues why it would be convenient to move towards another organization of care within the framework of States based on the social rule of law. For this purpose, it reflects the views of people that are directly affected by the relevant rules, either because they require care or have assumed the duty to look after other individuals. These experiences are also supplemented with reflections resulting from interviews of experts and the conclusions contained in reports or studies published on this topic, which allow us to sustain the essential necessity to rethink the care system. In conclusion, it is necessary to move towards another care model that – while assuming our interdependence and diversity- guarantees the integral wellbeing of everybody as well as a fair and reasonable allocation of the duty to assume care obligations.
Date of Award25 Sept 2017
Original languageSpanish
SupervisorNoelia Igareda Gonzalez (Director)

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