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Decontractualisation of Family law

Decontractualisation of Family law. Prof. dr. Elisabeth Alofs Free University of Brussels University of Antwerp Belgium. GENDER EQUALITY. GENDER INEQUALITY. GENDERED SOCIO-ECONOMIC INEQUALITY. Dual-earner family model  male breadwinner model

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Decontractualisation of Family law

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  1. Decontractualisation of Family law Prof. dr. Elisabeth Alofs Free University of Brussels University of Antwerp Belgium

  2. GENDER EQUALITY

  3. GENDER INEQUALITY

  4. GENDERED SOCIO-ECONOMIC INEQUALITY Dual-earner family model  male breadwinner model • BUT: still fundamental gender disparities • Socio-economic inequalities • Labour force participation • Wage and position • During the career • Within the household • Socio-economic inequalities after divorce or relation break-up • Division of care • Financial consequences

  5. Inequality in labour force participation Employment rate in Belgium 2000-2012 (%) Source: ADSEI, Labour Force survey

  6. Inequality in labour force participation Part-time employment rate in Belgium 2000-2012 (%) Source: ADSEI, Labour Force survey

  7. INEQUALITY IN WAGE • Women earn 10 % less than men per hour worked (Belgium) • Women earn 23 % less than men on annual basis, due to part-time working (Belgium)

  8. INEQUALITY IN POSITION • Less women in higher positions • 34% less women in executive positions (2010, Belgium) • Share of women decreases along corporate ladder • less leading positions and promotions • Glass ceiling • Inequalities within same position • Less extra-legal advantages, cost deductions, daily allowances, bonuses, double holiday allowance • Less flexible wage arrangements and sickness/hospitalisation insurances

  9. INEQUALITY DURING THE CAREER • Women use more career breaks (parental leave, time credit, leave for medical assistance)

  10. INEQUALITY IN HOUSEHOLD TASKS AND CARE Men+ 7 h. paid labour Women + 10 h. household and care IN SUM Women: + 3 h. workload

  11. FINANCIAL CONSEQUENCES AFTER BREAK-UP 5 % income gain 30 % income loss

  12. Belgian family law Presupposition of absolute equality dogma of formal equality

  13. Belgian family law • individualised, liberalised and contractualised family law • abolishment of financial responsibilities and lack of solidarity

  14. BELGIAN FAMILY LAW • Wrong assumption of economic self-reliance and equality • Relationship = economic unit • division of tasks and income  income dependency for women • Too little attention for financial consequences of relation and relationship break-up  higher risk of poverty for women

  15. CREATING A FAIR FAMILY LAW • Shift from public to private law protection • Creation of a more solidarity based and fair family law • Starting point: gender inequalities • Compensation of financial consequences of gender inequalities • Via imperative corrections on contractual freedom regarding family relations • Protection of weaker parties (≈ labour law/consumer law) • Focus on solidarity, whether wanted or not

  16. Creating a fair family law • Fully and adequately informed consent • Fallacy of autonomy and choice  will-deficiency in love • Not words and contracts but behaviour and actions count • Point of no return  imperative corrections and protective format

  17. CREATING A FAIR FAMILY LAW • Point of no return: criteria • period of living together • having a child • substantial contribution to the relationship

  18. CREATING A FAIR FAMILY LAW • Imperative corrections: examples • equal division of marital gains/partnership assets • alimony for partner in need after relationship break

  19. CREATING A FAIR FAMILY LAW • Relationship as cheapest and most efficient way to guarantee economic security • Emphasis on family solidarity • Family responsible to guarantee economic security of the individual  Family law should shape this solidarity

  20. Paper E. ALOFS, A.-L. VERBEKE, C. DEFEVER & D. MORTELMANS ‘Gender inequalities and family solidarity in times of crisis’ in: L. CORNELIS (ed.), Law and Finance, Intersentia, october 2014.

  21. Contact Prof. dr. Elisabeth Alofs Free University of Brussels University of Antwerp Belgium elisabeth.alofs@vub.ac.be 0032(0)495/62.95.12

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