THE RIGHT TO CARE IN THE INTER-AMERICAN SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS

AN ANALYSIS OF WOMEN'S RIGHTS TO LEISURE, REST, WORK, AND FAMILY LIFE

Abstract

The present study analyzes the right to care and women's rights to leisure, rest, work, and family life within the framework of the Inter-American System for the Protection of Human Rights, aiming to investigate how these rights are recognized and promoted in international instruments and how they are applied in Brazil. The methodology employed consists of bibliographic and documentary research, including the analysis of treaties, resolutions, and advisory opinions issued by the Organization of American States and the Inter-American Court of Human Rights. The results indicate that, although there have been normative advances, especially with the Protocol of San Salvador, the Inter-American Model Law on Care, and Advisory Opinion OC-31/2025, these milestones are recent and still insufficient to ensure full effectiveness, while the persistence of women’s overload resulting from the double burden of work continues to hinder the full exercise of these rights. It is concluded that, despite the existing legal framework and the adoption of national policies, such as the National Care Policy, the social effectiveness of these norms in Brazil remains limited, making it necessary to implement public policies, support infrastructure, and awareness-raising actions to ensure the realization of the right to care and gender equality.