Corporate-led women’s empowerment initiatives appear, in their proactiveness, to be a welcome addition to a range of measures addressing adverse human rights impacts by business. This article questions the claim that these projects significantly advance women’s rights. Instead, they can be understood as a manifestation of what Catherine Rottenberg terms ‘neoliberal feminism’ with women at risk of being transformed into ‘gender capital’ for business gain. This article rejects the claim that empowerment can only be delivered by encouraging women into market-based work. Instead, it is argued that the corporate responsibility to respect the human rights of women can better be supported by reorienting business away from its preoccupation with delivering value for shareholders, towards an approach that values women’s unpaid socially reproductive labour.
In recent years, there has been increased activity on the part of legislators and policy-makers as they attempt to reconcile paid work and unpaid care. This article explores the different approaches adopted by two common law jurisdictions: New Zealand and the United Kingdom. These case studies attempt to take a more expansive approach to the concept of care by purportedly disentangling the act of caring from traditional conceptions of motherhood. In the UK, this has been done by permitting mothers to transfer entitlement to caring leave to fathers but is underpinned by implicit assumptions that the primary responsibility for care will remain with the mother. In New Zealand, there has been a departure from historic reliance on gender identities to take a more gender-neutral approach by providing caring leave to whoever is a primary carer for a child regardless of biological connection. One unintended consequence of this has been that biological mothers have been left with the barest post-natal health and safety protection. These case studies reveal how difficult it is for legislators and policy-makers to devise care-giving protections that are not in some way tainted by the legacy of traditional care/home/women and work/market/men dichotomies and demonstrate the need for new models based on ungendered assumptions of universal care.
Care, Parental Leave, Maternity Leave, Family.
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