There has been a widespread resurgence of rights talk in social and legal
discourses pertaining to the regulation of family life, as well as an increase in
the use of rights in family law cases, in the UK, the US, Canada and Australia.
Rights, Gender and Family Law addresses the implications of these
developments – and, in particular, the impact of rights-based approaches
upon the idea of welfare and its practical application. There are now many
areas of family law in which rights- and welfare-based approaches have been
forced together. But while, to many, they are premised upon different ethics –
respectively, of justice and of care – for others, they can nevertheless be
reconciled. In this respect, a central concern is the ‘gender-blind’ character of
rights-based approaches, and the ontological and practical consequences of
their employment in the gendered context of the family. Rights, Gender and
Family Law explores the tensions between rights-based and welfare-based
approaches: explaining their differences and connections; considering
whether, if at all, they are reconcilable; and addressing the extent to which
they can advantage or disadvantage the interests of women, children and
men. It may be that rights-based discourses will dominate family law, at least
in the way that social policy and legislation respond to calls of equality of
rights between mothers and fathers. This collection, however, argues that
rights cannot be given centre stage without thinking through the ramifications
for gendered power relations, and the welfare of children. It will be of
interest to researchers and scholars working in the fields of family law,
gender studies and social welfare.