Dekeuwer-Défossez, Françoise

“Women’s Rights” Facing Recent Reforms of Family Law - 2003.


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A survey of recent and forthcoming reforms in the family law highlights a real contradiction between the purpose of ponmoting gender equality and the imperatives of ensuring a smooth functioning of the family. In mariage law, a formally egalitarian legal system has trouble to provide a juridically appropriate handling of the economical gender inequalities, especilly in the case of housewives. In family law stricto sensu, the biological differences prevent any inquiry into maternal and paternal filiation. To rebuild fatherhood outside of marriage requires nonetheless the reinstitution of a form of authority, or at least of control, of men upon their wives, even in case of mere cohabitation or of separated couples. One can wonder then whether gender equality is possible, or even thinkable, in family law.