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Workers with Family Responsibilities and Child Care

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Chapter Summary

The equitable sharing of family responsibilities at home makes the sharing of work responsibilities more effective. In addition the importance of child care facilities has become a focus and was put on the agenda for action by the social partners. The twofold aim of the International Labour Organization (ILO) Convention is, first, to enable workers with family responsibilities to engage in employment without discrimination, and secondly, to reconcile work and family responsibilities, especially by providing child-care. The problem of equality of treatment between men and women arose in a case involving child-care, where nursery facilities were only open for mothers and exceptionally in cases of force majeur also for fathers. EU law developed in the spirit of the ILO Convention and departed from the ECJ ruling in the Hofmann Case of 1984.

Keywords: child care facilities; EU case law; family Responsibilities; international labour organization (ILO) convention; women workers



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