DS0801 - Rapport au risque et innovation sociale

The legal recognition of close caregivers in french-swiss comparative law – PROXIJURIS

PROXIJURIS PROJECT – The legal recognition of close caregivers in French-Swiss comparative law.

The collaborative research is carried out by the Institute of health law of the University of Neuchâtel and the CDS, GREDIAUC and LTD of the University of Aix-Marseille. The alliance between these laboratories will permit a decompartmentalized and integrated approach, embracing health and social policies. The partners are used to working together, as a doctoral thesis has constituted the first step of an international collaborative research.

General objectives : a better understanding of the caregivers’ issues and an improvement of the caregivers’ situation.

The research is dedicated to the legal recognition of close caregivers in French-Swiss comparative law. It is part of the theme No. 1 (“attitudes toward social risk and innovation”) of the challenge No. 8 (“innovative, inclusive and adaptative societies”) of the ANR’s Plan 2015. The aging population is a challenge for our societies. Health and socio-economic issues related to the care of dependent people by their relatives are now central and call for innovative responses. These responses imply to look for an articulation between family and national solidarity in order to protect the health and dignity of the elderly and their relatives and to support the sustainability of the health and social insurances systems. <br />The objective of the research is to determine the usefulness and terms of the legal recognition of close caregivers. Why and how are the caregivers’ included in the social policy ? What is/should be the definition of close caregivers ? What legal regime should be applied to the close caregivers ? How can comparative law enhance the understanding of the policy toward dependancy and close caregivers ?<br />

The research is based on a French-Swiss comparative study. Comparative research is particularly useful between two neighboring countries which share partly common historical and socio-cultural backgrounds. The caregivers subject represents a highly topical issue un the two countries, as it is part of their public policy under development. In Switzerland, several cantons have adopted an active policy in favor of the caregivers. An important work is also carried out under the aegis of the Confederation. In France, even if the caregivers issue is put in the front of the scene since 1980, their legal recognition is still incomplete. The comparative approach could enrich the research concerning close caregivers in both countries. Comparative law can increase the knowledge of the law thanks to the confrontation to otherness. It can renew the awareness of national frameworks by revealing the historical, political and sociocultural factors that contribute to shape the legal rule. It can help to identify the national specificities and points of resistance with which our countries are confronted. The better understanding of the construction of the public policies in favor of caregivers can enable us to make concrete propositions. Indeed, comparative law also pursues a subversive function and can renew the national analysis. Could foreign measures be used in the national framework or not ? Why ? Should measures be adapted to the national context ? What kind of effects could they have on the national legal system ?
The research also involves a cross-disciplinary approach (law, economics, sociology, public policy, medicine, associations). A qualitative study is led in collaboration with a French and a Swiss sociologist.

Several events took place during the first year of the PROXIJURIS :
- constitution of a multidisciplinary expert network (Ms. Leduc, Mr. Beautrant, Ms. Dupré, Ms. Caron-Déglise, Ms. Auzias, Ms. Bonnabel, Ms. Bonin-Guillaume, Mr. Blanc, Ms. Joël, Ms. Odena, Sociologue ; Ms. Cappellari, Ms. Viriot-Barrial, Ms. Lambert, Ms. Thomas ; Ms. Nicolas, Ms. Bastien, Ms. de Kalbermatten, Ms. Burki, Mr. Ghelfi, Ms. Oulevey-Bachman, Ms. Ribeiro, Mr. Baume, Mr. Guillod) and organization of scientifical meetings ;
- legal research and creation of a bibliography dedicated to the caregivers in both countries ;
- identification of the legal texts and measures concerning the caregivers ;
- creation of a website dedicated to the project including a legal watch ;
- beginning of a qualitative study led by two sociologists.

During the next months, several events will happen :
- the experts’ second meeting will be organized in Aix-en-Provence (30 March 2017). This meeting will prepare the symposium and clarify the main issues that must be treated.
- a comparative law symposium will be organized in Aix-en-Provence (16 June 2017). The legal rules that exist in each country will be presented and propositions of evolutions will be made.
- a transdisciplinary symposium, that will take place in Neuchâtel in February 2018, will present the project’s main results.

In order to complete the « introduction to the PROXIJURIS project », a book dedicated to the aging social policy and an article concerning the legal recognition of caregivers in swiss law have been published.
- A. Cappellari, La reconnaissance juridique des proches aidants : introduction du projet ANR/FNS Proxijuris, <hal-01453843>
- D. Viriot-Barrial (dir.), Une nouvelle politique sociale du vieillissement : histoire et prospective d’un défi, coll. Centre de droit social, PUAM, 2016.
- C. Baume et O. Guillod, « Vers un meilleur statut pour les proches aidants », in A.-S. Dupont et O. Guillod (éd.), Réflexions romandes en droit de la santé, Mélanges offerts à la Société suisse des juristes par l’Institut de droit de la santé de l’Université de Neuchâtel à l’occasion de son congrès annuel, 2016, p. 293.
- Veille juridique du projet proxijuris, n° 1 à 7.

PRCI PROXIJURIS : The legal recognition of close caregivers in French-Swiss comparative law.

The research is part of the theme No. 1 (“attitudes toward social risk and innovation”) of the challenge No. 8 (“innovative, inclusive and adaptative societies”) of the ANR’s Plan 2015. The aging population is a challenge for our societies. Health and social issues related to the care of dependent people by their relatives are now central and call for innovative responses. These responses imply to look for an articulation between family and national solidarity in order to protect the health and dignity of the elderly and their families. The objective of the research is to determine the usefulness and terms of the legal recognition of close caregivers.

The collaborative research will be carried out by the institute of health law of the University of Neuchâtel and the center of social law of the University of Aix-Marseille. The alliance between these two laboratories will permit a decompartmentalized and integrated approach, embracing health and social policies. The two scientific coordinators (Dominique Viriot-Barrial, Professor, Center of social law, AMU, France / Olivier Guillod, Professor, Institute of health law, UNINE, Switzerland) are used to working together, as a doctoral thesis has constituted the first step of an international collaborative research.

The research is based on a French-Swiss comparative study. Comparative research is particularly useful between two neighboring countries, such as France and Switzerland, which share partly common historical and socio-cultural backgrounds. The caregivers subject represents a highly topical issue in the two countries, as it is part of their public policy under development. In Switzerland, several cantons have adopted an active policy in favor of the caregivers. An important work is also carried out under the aegis of the Confederation. In France, even if the caregivers issue is put in the front of the scene since 1990, their legal recognition is still incomplete. The comparative approach could enrich the research concerning close caregivers in both countries. Comparative law can increase the knowledge of the law thanks to the confrontation to otherness. It can renew the awareness of national frameworks by revealing the historical, political and sociocultural factors that contribute to shape the legal rule. It will help us to identify the national specificities and difficulties/points of resistance with which our countries are confronted. The better understanding of the construction of the public policies in favor of caregiv-ers will enable us to make concrete propositions. Indeed, comparative law also pursues a subversive fonction and can renew the national analysis. Could foreign measures be used in the national framework or not ? Why ? Should these measures be adapted to the national context ? What kind of effects could they have on the national legal system ? Beyond these aims, comparative law can also be used to support a cross-border policy in favor of aging people. Indeed, socio-economic and public health issues are shared by France and Switzerland and collaboration can be a successful way to carry ambitious projects on the border zone.

The research will involve a cross-disciplinary approach (law, economics, sociology, public policy, medicine, associations) on the occasion of an international symposium that will take place in the University of Neuchâtel. We will also collaborate with sociologists by organizing a field work using the "focus group" method. We aim at determing the expectations, needs, and attitudes of the caregivers toward the access to legal informations and measures. Our research will usefully complete the current parliamentary work and inform the the professionals, institutions and caregivers.

Project coordination

DOMINIQUE VIRIOT-BARRIAL (Université d'Aix Marseille, Centre de Droit Social)

The author of this summary is the project coordinator, who is responsible for the content of this summary. The ANR declines any responsibility as for its contents.

Partner

AMU/ GREDIAUC Université d'Aix-Marseille, Groupe de Recherches et d’Etudes en Droit de l’Immobilier, de l’Aménagement, de l’Urbanisme et de la Construction
AMU/LTD Université d'Aix-Marseille, Laboratoire de Théorie du Droit
AMU/ CDS Université d'Aix Marseille, Centre de Droit Social
UNINE/ IDS Université de Neuchatel, Institut de Droit de la Santé

Help of the ANR 46,677 euros
Beginning and duration of the scientific project: February 2016 - 24 Months

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