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46 Yale J. Int'l L. 277 (2021)
Gender Equality as Investment: EU Work-Life Balance Measures and the Neo-Liberal Shift

handle is hein.journals/yjil46 and id is 303 raw text is: Article Gender Equality as Investment: EU Work-Life Balance Measures and the Neo-Liberal Shift Ivana Isailovik IN TRO DU CTION ............................, ... . ... .- -----.-...............................................................278 I. WORK-LIFE BALANCE MEASURES AS GENDER EQUALITY POLICIES .................................................290 A. The First Work-Life Balance Measures: Social and Family Measures .................................290 B. The Promotion of Gender Equality and Its Limits ................................................................294 1. Strengthening Rights and Challenging Social Practices ............................................295 2. Work-Life Balance as Employment Policy in a Changing Economic Context..........299 3. The Limits to the Anti-discrimination Legal Framework: Feminist Critiques...........301 II. WORK-LIFE BALANCE MEASURES AS SOCIAL INVESTMENTS IN HUMAN CAPITAL ..........................305 A. Shifts within EU Economic Governance: Towards More Labor Flexibility, Active W elfare States, and Increased EU Powers .....................................................................305 1. Lisbon Strategy: Building a Competitive Knowledge-based Economy through Social Investm ent ............... ...... ............................. .................................306 2. Relaunching the Lisbon Strategy and Europe 2020 in the Aftermath of the Sovereign Debt Crisis........................................................................................309 3. New Powers for the EU: Macro-economic Surveillance ...........................................312 B. Work-Life Balance Measures, Social Investments in Human Capital, and N eo lib eralism ............. . ------... ............................ ...................................................3 14 1. Adopting Work-Life Balance Measures for the Sake of Economic Development.....315 2. Social Investments in Human Capital as Neoliberal Measures..................................317 III. WORK-LIFE BALANCE MEASURES AND (RE)PRODUCTION OF INEQUALITIES ..................................319 A . The N ew M aternalism ......................... ......................... ............................................ 320 t Assistant Professor of EU law, University of Amsterdam Law School. I am extremely grateful to Loic Azoulai, Anu Bradford, Tom Chevalier, Peter Hall, Frank Emmert, Laura Frader, Cynthia Godsoe, Lukas Haffert, Hdlbne Pdrivier, Regina Paul and Eleanor Spaventa for the very useful discussions and comments, and to Lissa Kryska for her very helpful feedback. I am indebted to Aziza Ahmed, GrAinne de Bnrca, Daniela Caruso, Femanda Nicola and Joseph Weiler for their comments on previous drafts and for their support. I am grateful to the editors for their edits and feedback. Different versions of this project were presented at the I-CON Conference in Copenhagen in July 2017 at the panel Working Parents and Free Movement: the European Transformation of the Family, at the Center for European Studies at Harvard University in November 2017, at the European Legal Studies Center at Columbia Law School in February 2018, at Bocconi Law School in May 2019, at the Law and Society conference in DC, at the panel entitled Critical Directions, on Gender, Law and Intersectional Subjectivities in June 2019, at the University of Flensburg in December 2019, at the AALS virtual conference in January 2021 and at the Law and Political Economy workshop in February 2021. I thank all the participants for their generous feedback and challenging questions. All errors are mine.

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