L’envers du droit. La législation du travail domestique salarié en Bolivie et au Pérou (xixe-xxie siècles)
In Bolivia and Peru, the three branches of government have historically been in the hands of upper-class criollo men, all of whom employed domestic workforce. The first legal instruments regulating this activity bear the imprint of the class interests of those who designed them. From the 1960s onwar...
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| Format: | Article |
| Language: | fra |
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Université Paris 3
2024-12-01
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| Series: | Cahiers des Amériques Latines |
| Subjects: | |
| Online Access: | https://journals.openedition.org/cal/19563 |
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| Summary: | In Bolivia and Peru, the three branches of government have historically been in the hands of upper-class criollo men, all of whom employed domestic workforce. The first legal instruments regulating this activity bear the imprint of the class interests of those who designed them. From the 1960s onwards, however, a gap began to widen between these two countries in terms of politicizing the gender-race-class triad. The sharp contrasts in both the letter and the spirit of the laws regulating domestic work that these two countries respectively adopted in 2003 reflect these divergent pathways. This article provides a sociogenesis of the legal framework for paid domestic work in these two countries through the prism of structural power relationships as a starting point for a broader reflection on the reasons for the ineffectiveness of domestic workers' rights on a globalized scale. It supports the materialist thesis that, far from being a contingent dysfunction, the ineffectiveness of current laws regulating ancillary relations is efficient from the point of view of those who conceive them, promulgate them, and are responsible for enforcing them when the state is in the hands of the employer's class. |
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| ISSN: | 1141-7161 2268-4247 |