Caring, law, and solidarity—on the need for reorientation

Abstract

Abstract What significance does care have in law? How is solidarity understood in the relationship between individuals, society, and the state, and what needs to be changed? How should the welfare state promote care and caring relationships by granting solidary forms of support and enabling beyond the already existing but insufficient rights and services? These questions guide the analysis; German law and EU law are important points of reference, but the general argument transcends national borders and jurisdictions. It results that solidarities are ambivalent, the recognition of care-related rights and provision of care services and infrastructures is insufficient. There is a need for care policies based on solidarity. Although there are numerous fragmented regulations in family, labour and social law with regard to care and care needs, these are often inadequate. Coherent and solidarity-based care policies, such as those developed by some countries and international organizations, can serve as a stimulus and inspiration for social and legal policies in Germany and elsewhere. Although the contents of solidarity as a legal principle is rather indeterminate and open to the discretion of the state, solidarity can be an important part of the argument, because the social support and organization of care is in the interest of society and of all those who need or provide care and contribute to the public good.