Gender, migration and domestic work: the Italian case and Europe’s dilemma

Abstract: It is common for Italian women hire domestic workers, often migrants, informally without contracts or contracts which reflects some hours and not the reality. As the country gives a high statistical number of Italian female unemployment the interest in the subject was born. The aim of the research is to get knowledge if the “living law” reflects the “juristic law” among six Italian women with domestic workers with regard to gender, migration and domestic work. Moreover, the research is clearing out what their conceptions on the same concepts are. A case study has been conducted through six interviews with Italian women who have domestic workers. Ehrlich’s theory about “juristic law”, “law in action” and “living law” are highlighted together with a post-modern feministic perspective based on a social constructivism approach. The interviews are analyzed with a discursive analysis to get a deep understanding of the social construction of the interviewed women’s reality in relation to the three concepts. The results are presented in a self- biographical story to create a familiar way to meet the message the women give in the interviews. The research results are that the living law does not reflect the juristic law where the latter one is almost unknown for the women. Juristic Italian and EC law are almost unknown for the interviewed women. The meaning of the concepts are intertwined in the discourse the respondents use where the common perception of domestic work are: it is a female issue and not a real job. The conclusion is that “informal” rules and behaviour dominate “formal” laws.