Anja Eleveld

Compulsory labor, justice and the foundations of social law The author argues that normative questions in social law are in need of a more philosophical approach. This is particularly true for the evaluation of Work-first arrangements. She proposes to evaluate workfare policies from the perspective of the reciprocity principle as it is deployed in the work of the liberal egalitarians John Rawls and Stuart White. While Rawls’ interpretation of the reciprocity principle seems to be at odds with Dutch jurisprudence on workfare policies, which allows for Work-first arrangements within the boundaries that are set by article 4 of the European Convention on Human Rights (a prohibition on compulsory labor), White’s approach rather encourages work obligations for welfare recipients, on the condition that citizens acquire individual drawing rights on collective participation funds.

This paper investigates how a performative understanding of a woman’s right to care can become part of a feminist politics which is able to transcend the well-worn dichotomies we find both within and without feminist literature, such as difference versus equality, difference versus repronormativity, and rights as freedom versus rights as domination. Drawing on my own research, I argue that claiming the right to care does not simply push women more deeply into motherhood resulting in even more control and regulation of their lives, but that claiming care rights enables women to speak for themselves. Following the work of Linda Zerilli this paper argues that claiming women’s rights should, above all, be viewed as performative activities which contribute to democratic practices