From Navas to Kaltoft
The European Court of Justice’s evolving definition of disability and the implications for HIV-positive individuals
Bibliographic Data
| ID | 12573281 |
|---|---|
| Authors | P McTigue (0000-0002-8266-4200, Nottingham Trent University, corresponding author) |
| Year | 2015 |
| Volume | 15 |
| Issue | 4 |
| Pages | 241-255 |
| Publication date | 2015-06-25 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Discrimination and the Law (JOURNAL) |
| Journal identifiers | ISSN: 1358-2291 • E-ISSN: 2047-9468 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/1358229115591653 |
| OpenAlex | W748076862 |
| Language | EN |
| Citations received | 1 |
| References cited | 11 |
This article will examine the definition of disability developed by the European Court of Justice (CJEU) for the purposes of the Employment Equality Directive and whether it is sufficient for the purpose of bringing people living with human immunodeficiency virus/AIDS (PLHA) within its scope. The article will argue that in order to adequately protect PLHA within the European Union (EU) from discrimination, the CJEU needs to ensure that a coherent EU-wide definition of disability, based fully upon the social model of disability, is adopted. This is necessary in order to ensure adequate protection not only for PLHA but for all individuals with disabilities from discrimination throughout the EU. In addition to this central argument, this article will argue that the lack of a coherent definition of disability grounded in the social model fragments protection for PLHA across the EU leading to a number of possible unintended consequences
Argument (complex analysis · Business · Directive · European union · International trade · Law and economics · Order (exchange · Political science · Scope (computer science · Social model of disability · Sociology · Unintended consequences · Computer Science · Discrimination and Equality Law · Healthcare Systems and Practices · Law · Medicine · Psychology · Social Policy and Reform Studies
| Citations per year | 0.2 |
|---|---|
| Citation span | 2021 - 2021 (1) |
| Highly cited | No |