Law and maternity: the invisibilization of care work
DOI:
https://doi.org/10.1344/musas2016.vol1.num1.4Keywords:
maternity and paternity, caring, human rights, feminist legal theoriesAbstract
The purpose of the present paper is to set out a socio-legal analysis from a feminist perspective and a human rights approach, with the aim of demonstrating the values thatunderlie the regulation of motherhood, fatherhood and care work and its social impact. Based on the assumption that it is possible to transform society through legal methods, it is questioned the ideology underlying the Spanish legal order that influences maternity and paternity and determines who has the responsibility for care. In this respect, several studies show that the current regulatory framework reproduces patriarchal values, roles and interests, hiding the complexity and the social value of motherhood and fatherhood and devaluating care work. It concludes that it is necessary to reconceptualise motherhood and fatherhood and to redistribute the responsibility of
care in an equitable manner.
Downloads
Issue
Section
Women and Family
License
Authors publishing in this journal agree with the following terms:
- Authors hold the copyright, but MUSAS holds the right of first publication.
- Manuscripts will be disseminated with the Creative Commons CC BY-NC license, which allows sharing it with third parties as long as they recognize the authorship, the first publication right held by MUSAS and the license’s conditions