Care Reimagined: Transforming Law by Embracing Interdependence

Abstract

Building upon the foundation laid by All Our Families: Disability Lineage and the Future of Kinship, this Review examines the complex issues surrounding care and their relevance to people with disabilities. Part I delves into the contrasting perspectives of the disability rights movement and disability justice. By juxtaposing the emphasis on independence with a focus on interdependence, I unravel the intricate dynamics shaping the care experiences of disabled people. Part II presents a descriptive analysis unveiling the current realities of care. In doing so, I seek to expose the limited availability and access to care, the legal and bureaucratic impediments hindering effective care delivery, and the pervasive inequities faced by both unpaid and paid caregivers. Finally, Part III proposes a normative vision for reimagining care. I suggest strategies for broadening availability and access to care, challenging legal and bureaucratic impediments to care, confronting caregiver inequities, and fostering mutual aid networks within disabled communities. This Review’s analysis of care issues and transformative proposals aims to enrich disability, health, and family law discourse, providing valuable insights and shaping discussions and actions toward more inclusive and equitable legal frameworks and practices.

Keywords: disability law, health law, family law, care, caregiving

JEL Classification: K36, K32, I14, I18, I13