Care as a human right

Comment submitted to the Inter-American Court of Human Rights

Man met kinderen

Argentina has asked the Inter-American Court of Human Rights for an advisory opinion to define the content and scope of the right to care. UCERF has submitted a commentary on this question.

In April 2023, UCERF colleague Lorena Sosa signaled that UCERF could submit a so-called 'Observation' to the Court in response to Argentina's request. UCERF research often focuses on the giving and receiving of care, and being able to take care of oneself. In autumn 2023, UCERF researchers Susanne Burri, Susanne Heeger, Wendy Schrama, Fiore Schuthof and Jet Tigchelaar submitted a joint commentary.

The notion of unpaid (or informal) care work has value because it expresses the economic value of care. It highlights the right to necessary conditions of time, money, services and legal protection, which are highly relevant in relation to non-discriminatory, fair working conditions and for a modern social security system.

Based on national and EU legislation and policy, we indicate that for an effective healthcare policy, care must be facilitated and compensated in, among other things, family law, pension law, tax law, labor law and social security law – taking into account the gender dimension of providing care and the need for high-quality care support due to an aging population. The end result was a bundling of expertise in the UCERF Commentary on Care as a Human Right.

Read UCERFs commentary for the Inter-American Court or Jet Tigchelaar's interview with the Cuadernos Jurídicos de Derecho de Familia via the links below:

UCERF commentary
Interview with Jet Tigchelaar