This article analyzes the legal regime of reproductive labor as de- fined by the case law of the Italian Supreme Court on alimony at di- vorce. It aims to highlight the limits of the recognition and assessment of family care work in the most recent decisions rendered by the Cas- sation Court in Plenary Session. Given the traditional invisibility of re- productive labor in the legal spectrum, the Supreme Court’s overruling of 2018 on alimony and the subsequent precedents can be seen as a major factor of innovation in the field and an important step towards substantive gender equality in family law. Nevertheless – the author claims – the rhetorical setting associated with the production/repro- duction divide remains in place and represents a significant obstacle to the full recognition of the productive value of care.
Marella, M.R. (2024). Le Sezioni Unite e il nodo del lavoro riproduttivo (Note sull’assegno di divorzio). RIVISTA CRITICA DEL DIRITTO PRIVATO, XLII - 2024(1), 31-55.
Le Sezioni Unite e il nodo del lavoro riproduttivo (Note sull’assegno di divorzio)
MARIA ROSARIA MARELLA
2024-01-01
Abstract
This article analyzes the legal regime of reproductive labor as de- fined by the case law of the Italian Supreme Court on alimony at di- vorce. It aims to highlight the limits of the recognition and assessment of family care work in the most recent decisions rendered by the Cas- sation Court in Plenary Session. Given the traditional invisibility of re- productive labor in the legal spectrum, the Supreme Court’s overruling of 2018 on alimony and the subsequent precedents can be seen as a major factor of innovation in the field and an important step towards substantive gender equality in family law. Nevertheless – the author claims – the rhetorical setting associated with the production/repro- duction divide remains in place and represents a significant obstacle to the full recognition of the productive value of care.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.