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    Tracing the Boundaries between Disability and Sickness in the European Union: Squaring the Circle?


    Favalli, Silvia and Ferri, Delia (2016) Tracing the Boundaries between Disability and Sickness in the European Union: Squaring the Circle? European Journal of Health Law, 23 (1). pp. 5-35. ISSN 0929-0273

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    Abstract

    In recent years the European Union (EU) has sought to develop a far-reaching policy regarding persons with disabilities. However, to date, EU non-discrimination legislation does not provide any clear legal definition of what constitutes a disability. The Court of Justice of the European Union (CJEU) has attempted to fill this gap and, in several decisions, has elaborated on the concept of disability and its meaning under EU law. The CJEU, with reference to the application of the Employment Equality Directive, has explained the notion of disability mainly by comparing and contrasting it to the concept of sickness. Against this background, this article critically discusses recent case law and attempts to highlight that, even though the Court has firmly embraced the social model of disability envisaged by the UN Convention on the Rights of Persons with Disabilities, the boundaries between the concepts of sickness and disability remain blurred.

    Item Type: Article
    Keywords: disability; sickness; discrimination on the ground of disability; Court of Justice of the European Union; CJEU; Employment Equality Directive; United Nations Convention on the Rights of Persons with Disabilities; CRPD; social model of disability;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 12230
    Identification Number: https://doi.org/10.1163/15718093-12341392
    Depositing User: Delia Ferri
    Date Deposited: 23 Jan 2020 15:53
    Journal or Publication Title: European Journal of Health Law
    Publisher: Brill Academic Publishers
    Refereed: Yes
    URI:

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