Sexing the benefit: women, social security, and financial independence in EC sex equality law
The aim of this study is to examine EC equality law in the field of statutory social security to consider the effectiveness of the legislation in bringing women closer to the goal of financial independence from men. The study critically considers EC equality law from a feminist perspective. It goes on to examine in detail EC legislation and case law in this area. Thirdly, the study assesses the implementation of EC equality law in this area in four countries: the UK, Ireland, The Netherlands and Belgium. Criteria for assessing future policy options, legislation or court decisions are offered. The study demonstrates that the concept of equality as currently understood in EC Law is fundamentally limited in being able to change the unequal outcomes suffered by women in terms of their lack of financial independence from men. This is in part due to the fact that EC equality law fails to address the lack of recognition accorded to unpaid caring work by focusing equality on workers and employment-related benefits.
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A Gendered Social
Womens income dependence on men in households
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access to independent approach argued Article 119 Article 3(1 basic state pension Belgian Belgium breadwinner carers cent challenge Chapter childcare claim claimants cohabiting contributions dependent spouses derogations Directive 79/7/EEC disabled disadvantage earnings EC equality law EC law effect employment entitlements to benefits equal treatment equality of access equality of outcomes equality principle feminine risks full-time gender roles gendered social reality household ibid implementation incapacity income support independent income indirect discrimination indirectly discriminatory invalid care allowance invalidity benefit Ireland judgement labour market participation lone parents Luckhaus male partner married women means-tested benefits ment minimum Netherlands paid part-time workers payments pensionable age principle of equal receive reforms relation rules sameness-difference model Scheiwe scope sex-neutral social assistance social insurance benefits social insurance system social security system Social Welfare substantive equality tion unemployed unemployment benefit unpaid women's access women's financial independence