Autor/es
Descripción
ver mas
Colaborador
Rosas, Carolina
Novick, Susana
Materias
Spatial Coverage
Temporal Coverage
2003-2015
Idioma
spa
Extent
294 p.
Derechos
info:eu-repo/semantics/openAccess
Atribución-NoComercial-SinDerivadas 2.0 Genérica (CC BY-NC-ND 2.0)
Formato
application/pdf
Identificador
Cobertura
7593303
Ciudad Autónoma de Buenos Aires (autonomus city)
2003-2015
Abstract
The present thesis analyzes domestic workers' access to justice in the City of Buenos Aires between 2003 and 2015. The overall objective of this thesis is to study the process of access to justice by international migrants working in private households. A fundamental part of this analysis is to question the concept of access to justice, understood as a human right that must be analyzed in its recognition, redistributive, representation and dimensions of all the people who form part of a particular political community (Fraser, 2009).
The main findings of this thesis reveal that there are different systems cultural and institutional to be dismantled when a process of legislative transition begins. To this end, the impact of the abrogated and current law on migration and domestics work, on access to justice for migrant workers. In addition, in order to understand the legislative transition, the parliamentary debates of law 26844 on domestic work were analyzed, which showed the paradigmatic tensions involved in configuring a new right that tries to protect, albeit timidly, the rights of domestic workers.
The new laws brought changes for migrant domestic workers in terms of their capacity for agency, since different information circuits were configured that they used to learn about their rights and find out where to go to demand respect for them. These circuits expose the ways in which women resist and process the resources for accessing justice, overcoming situations of isolation, prejudices that they have regarding the institutional prejudices that they face and the relations of power / knowledge / affection with their employers.
Finally, this thesis analyzes the ways in which these migrant workers interact with the judicial system, analyzing their possibilities and limits to persist with a trial, available state resources, the legal remedies invoked in situations of extreme poverty and finally specifying their passage through the Labor Court for Private Household Personnel. There the stories of failed trials, some with partial gains and other successful ones are laid bare demonstrating the different experiences that migrant workers may have with the judiciary.
For this thesis, a mixed methodology was implemented that included: a) a documentary analysis of texts, laws, decrees and parliamentary debates; b) in-depth interviews with migrant domestic workers and officials of the Labor Court for Private Household Personnel; and c) activist research that, besides helping me to link the different techniques, positioned me in the field at the service of the researched women, in the context of diagnostic-informative groups where training was given on the rights of female migrant workers.
The main findings of this thesis reveal that there are different systems cultural and institutional to be dismantled when a process of legislative transition begins. To this end, the impact of the abrogated and current law on migration and domestics work, on access to justice for migrant workers. In addition, in order to understand the legislative transition, the parliamentary debates of law 26844 on domestic work were analyzed, which showed the paradigmatic tensions involved in configuring a new right that tries to protect, albeit timidly, the rights of domestic workers.
The new laws brought changes for migrant domestic workers in terms of their capacity for agency, since different information circuits were configured that they used to learn about their rights and find out where to go to demand respect for them. These circuits expose the ways in which women resist and process the resources for accessing justice, overcoming situations of isolation, prejudices that they have regarding the institutional prejudices that they face and the relations of power / knowledge / affection with their employers.
Finally, this thesis analyzes the ways in which these migrant workers interact with the judicial system, analyzing their possibilities and limits to persist with a trial, available state resources, the legal remedies invoked in situations of extreme poverty and finally specifying their passage through the Labor Court for Private Household Personnel. There the stories of failed trials, some with partial gains and other successful ones are laid bare demonstrating the different experiences that migrant workers may have with the judiciary.
For this thesis, a mixed methodology was implemented that included: a) a documentary analysis of texts, laws, decrees and parliamentary debates; b) in-depth interviews with migrant domestic workers and officials of the Labor Court for Private Household Personnel; and c) activist research that, besides helping me to link the different techniques, positioned me in the field at the service of the researched women, in the context of diagnostic-informative groups where training was given on the rights of female migrant workers.
Título obtenido
Doctora de la Universidad de Buenos Aires en Ciencias Sociales
Institución otorgante
Universidad de Buenos Aires. Facultad de Ciencias Sociales