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EU Law on Maternity and Other Child-Related Leaves: Impact on Gender Equality

Edited by: Miguel De la Corte-Rodríguez

ISBN13: 9789403514529
Published: September 2019
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £104.00



Low stock.

EU Law on Maternity and Other Child-Related Leaves aims to put on the table the limitations and side effects of the current EU legislative framework on maternity leave. The current system is focused on the biological differences of women related to maternity. Although proven effective in protecting pregnancy, giving birth and breastfeeding – that is, the biological differences of women related to maternity – the current EU legislative framework on maternity leave tends to overlook the roles of both parents, especially during the post-delivery period of ‘bonding’ with the child. This framework, along with EU law on parental leave, which does not encourage an equal take-up of the leave, gives rise to serious issues of gender equality affecting both men and women. This deeply researched and urgent book proposes alternative options for future EU law on child-related leave that can be applied to both employees and self-employed workers to mitigate these limitations and side effects.

What’s in this book:

Analysing comprehensively the various EU Directives which, directly or indirectly, relate to maternity leave, paternity leave, adoption leave and parental leave, as well as the corresponding case law of the Court of Justice of the EU, the author uses a social-risk approach and tackles the following issues:

  • narrow focus of the legislation on the delivering mother’s incapacity to work;
  • in practice, excessive emphasis on the protection of the delivering mother;
  • silent assent to the unequal distribution of caring responsibilities within the family;
  • lack of attention to women’s labour-market outcomes; and
  • the new direction followed by the recently adopted Directive on work-life balance.
The research focuses on working parents (including non-delivering parents in same-sex couples or adoption) and includes a comparative analysis of the law of six countries – Belgium, Ireland, Spain, the United Kingdom, Sweden and Portugal – chosen to illustrate the variety of national schemes available and how their desirable features can be introduced into EU law.

How this will help you:

A more balanced design of child-related leave is a must in today’s society for reasons of fairness and also for economic considerations. This complete analysis of EU legislation and case law about child-related leave – including the first-ever systematic and in-depth analysis on whether maternity leave can be considered discriminatory against fathers and a review of economic literature on how child-related leave affects the situation of women in the labour market – offers forward-looking solutions for child-related leave to enhance gender equality. Practitioners and non-governmental organisations dealing with EU and national matters related to labour and employment law, social security law and gender equality law will welcome this important book, as will academics and policymakers interested in maternity and other child-related leaves.

Subjects:
Employment Law
Contents:
Notes on Author
List of Abbreviations
Acknowledgements
Introduction
CHAPTER 1
EU Legislative Framework on Maternity Leave
CHAPTER 2
Social Risk Approach in the EU Directives on Maternity Leave: A Consistency Analysis
CHAPTER 3
Maternity Leave and Effects for Women in the Labour Market
CHAPTER 4
Maternity Leave and Discrimination Against Non-delivering Parents
CHAPTER 5
Conclusions
Bibliography
Table of Cases & Opinions
Table of Legislation
Official Documents

Series: Bulletin of Comparative Labour Relations

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China and ILO Fundamental Principles and Rights At Work
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Labour Law between Change and Tradition: Liber Amicorum Antoine Jacobs ISBN 9789041134240
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Rethinking Corporate Governance: from Shareholder Value to Stakeholder Value ISBN 9789041134509
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Regulation of Fixed-Term Employment Contracts: A Comparative Overview ISBN 9789041133564
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Seafarers Rights in the Globalized Maritime Industry ISBN 9789041133496
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European Works Councils: Euro Directive 2009/38/EC of 6 May 2009 ISBN 9789041132086
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Employment Policies and Multilevel Governance
Edited by: Roger Blanpain
ISBN 9789041128669
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New Developments in Employment Discrimination Law ISBN 9789041127822
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Kluwer Law International
£154.00
Women in Academia and Equality law: Aiming High - Falling Short
Edited by: Roger Blanpain
ISBN 9789041124272
Published March 2006
Kluwer Law International
£144.00
Freedom of Services in the European Union: Labour and Social Security Law: The Bolkestein Initiative
Edited by: Roger Blanpain
ISBN 9789041124531
Published March 2006
Kluwer Law International
£162.00
Labour Relations in the Asia-Pacific Countries
ISBN 9789041122391
Published September 2003
Kluwer Law International
£137.00
Employee Rights in Bankruptcy
ISBN 9789041119421
Published October 2002
Kluwer Law International
£99.00
The Impact of the Internet and New Technologies on the Workplace ISBN 9789041118240
Published July 2002
Kluwer Law International
£140.00
Involvement of Employees in the European Union
ISBN 9789041117601
Published March 2002
Kluwer Law International
£197.00
On-line Rights for Employees in the Information Society ISBN 9789041116260
Published February 2002
Kluwer Law International
£197.00
The Evolving Employment Relationship and the New Economy
ISBN 9789041116918
Published November 2001
Kluwer Law International
£197.00
The Council of Europe and the Social Challenges of the XXIst Century
ISBN 9789041115430
Published March 2001
Kluwer Law International
£204.00
Deregulation and Labour Law
ISBN 9789041113702
Published June 2000
Kluwer Law International
£110.00
Multinational Enterprises and the Social Challenges of the XXIst Century
ISBN 9789041112804
Published December 1999
Kluwer Law International
£201.00
The Process of Industrialization and the Role of Labor Law in Asian Countries
ISBN 9789041110473
Published April 1999
Kluwer Law International
£102.00
Labour Law and Industrial Relations in the European Union ISBN 9789041105271
Published March 1998
Kluwer Law International
£195.00
Employment Protection Under Strain ISBN 9789041105288
Published March 1998
Kluwer Law International
£135.00
The Harmonization of Working Life and Family Life
ISBN 9789041100641
Published June 1997
Kluwer Law International
£130.00
Labour Law and Industrial Relations in Central and Eastern Europe
ISBN 9789041102980
Published January 1997
Kluwer Law International
£164.00
Industrial Relations in Small and Medium-Sized Enterprises
ISBN 9789065446961
Published July 1995
Kluwer Law International
£144.00
Workers' Participation
ISBN 9789065446008
Published July 1994
Kluwer Law International
£173.00
Employee Rights and Industrial Justice
ISBN 9789065448040
Published June 1994
Kluwer Law International
£151.00