Family life and employment of immigrant women in the European legal space : gender bias of legal norms and the transformative potential of fundamental rights
Title: Family life and employment of immigrant women in the European legal space : gender bias of legal norms and the transformative potential of fundamental rights
Author: STAIANO, Fulvia
Citation: Florence : European University Institute, 2014
Series/Number: EUI PhD theses; Department of Law
This thesis starts from the consideration that law, mainly but not exclusively immigration law, can disproportionally and negatively affect immigrant women's enjoyment of their rights in conditions of equality with both immigrant men and citizen women. These perverse effects are equally evident in the fields of family life and in that of employment. In the light of this observation, the aim of this thesis is twofold. On the one hand, it seeks to verify the presence of such gendered shortcomings in apparently neutral norms applicable to immigrant women in the European legal space, both at European and domestic level. On the other hand, and most importantly, it aims to verify the transformative potential of human and fundamental rights law in this area, exploring the beneficial effects as well as the defects of this source per se and in its judicial application vis-à-vis biased norms applicable to immigrant women. In order to pursue this objective, this thesis explores three different levels of protection and enforcement of immigrant women's human and fundamental rights in the European legal space. Chapter 1 is devoted to the human rights framework established by the Council of Europe, with a special focus on the European Convention on Human Rights. Chapter 2 discusses European fundamental rights law, with main reference to the Charter of Fundamental Rights and Freedoms of the European Union. In Chapters 3 and 4 the national case studies of Italy and Spain will be analysed respectively, with reference to the multi-level system of fundamental rights protection in force in their legal orders.
LC Subject Heading: Emigration and immigration law -- European Union countries; Women immigrants -- Legal status, laws, etc. -- Europe; Women alien labor -- Legal status, laws, etc. -- Europe; Women's rights
Defence date: 20 October 2014; Examining Board: Professor Ruth Rubio Marín, European University Institute (Supervisor); Professor Bruno De Witte, Maastricht University and European University Institute; Professor Massimo Iovane, Università degli Studi di Napoli Federico II; Professor Siobhán Mullally, University College Cork.
Type of Access: embargoedAccess