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
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: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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