According to the most important theories of justice, personal dignity is closely related to independence, and the care that people with disabilities receive is seen as a way for them to achieve the ...greatest possible autonomy. However, human beings are naturally subject to periods of dependency, and people without disabilities are only “temporarily abled.” Instead of seeing assistance as a limitation, we consider it to be a resource at the basis of a vision of society that is able to account for inevitable dependency relationships between “unequals” ensuring a fulfilling life both for the carer and the cared for.**
Lesser Than Equal? Uma, Saumya
African Journal of Gender and Religion,
03/2023, Letnik:
28, Številka:
2
Journal Article
Recenzirano
Odprti dostop
In India, Hindu family law is often touted as a progressive and gender-just law that ought to be emulated and extended to minority religious communities through a common civil code. Against this ...backdrop, the present article examines the question of whether Hindu family law in India adequately protects women’s rights and, if law reform is required, what should be the factors guiding it. The article further analyses the status of women within Hindu family law in India from the time of the country’s independence and the law reform measures that have led to advancement in women’s equality rights in recent decades as well as discriminatory provisions that continue to persist through a historical, legal and feminist lens. It argues that further reforms to Hindu family law must be undertaken to realize women’s equality rights, albeit within the larger framework of constitutional norms and international human rights standards, rather than an interpretation/re-interpretation of Hindu religious texts based on dubious claims of a “glorious past.” This includes recognition of trans* and queer relationships within the folds of Hindu law. Moreover, the article argues in favor of applying feminist discourses on formal and substantive equality to the Uniform Civil Code debate to ensure plural family laws are gender-just.
Con estas notas la autora reflexiona sobre si el Derecho de familia es un instrumento eficaz para el reconocimiento jurídico del trabajo de cuidados. Se prestará especial atención a la distribución ...de tareas entre los cónyuges, a las consecuencias derivadas del incumplimiento del deber de corresponsabilidad y al sistema de compensaciones por trabajo para la casa tras la crisis matrimonial.
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