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How can obesity fit within the legal concept of ‘disability’?: A comparative analysis of judicial interpretations under EU and US non-discrimination law after Kaltoft”

par Damamme, Joseph
Référence European Journal of Legal Studies, 2015, 2, page (147-179)
Publication Publié, s.d.

Article révisé par les pairs

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Résumé :

The recent change of the concept of ‘disability’ by the Court of Justice of theEuropean Union (CJEU) in HK Danmark (Ring and Skouboe Werge) represents avaluable progress in the pursuit of consistency between the social model of disabilityand the corresponding concept of disability under non-discrimination law. However,even under the new concept, there may be disagreement to qualify certain conditionsas a ‘disability’. Recent CJEU’s case of Kaltoft dealing with obesity reflects thisdifficulty. The purpose of this paper is to assess the relevance and the impact ofincluding obesity in the scope of ‘disability’ as a discrimination ground. To that end, acomparative approach will be followed by confronting the Kaltoft ruling withjudicial interpretations under the law of the United States of America. It will alsobe combined with an integrated approach considering the multi-layered nature ofdisability discrimination law from a European standpoint.