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Non-ideal Weight Discrimination in EU Law

Tobler, Christa and Hervey, Tamara . (2020) Non-ideal Weight Discrimination in EU Law. In: The European Union as Protector and Promoter of Equality. Cham, pp. 337-347.

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Official URL: https://edoc.unibas.ch/78356/

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Abstract

The contribution suggests a markedly broader concept of 'disability', based on the so-called 'social model', under EU law. It would move EU law from a narrow legalistic approach to equality towards an inclusive and dignity-focused approach to equality. At the same time, it should be remembered that the Member States are free to adopt non-discrimination law in areas not covered by EU law, and that the existing law provides for a minimum level of protection only. Accordingly, the Member States can provide a higher level of protection than that guaranteed by Directive 2000/78. In this framework there is room on the national level for the adoption of a fully social model of 'disability', consistent with the UN CRPD, even outside the scope of application of the present EU law.
Faculties and Departments:02 Faculty of Law > Departement Rechtswissenschaften > Fachbereich Ă–ffentliches Recht > Ordinariat Europarecht (Tobler)
08 Cross-disciplinary Subjects > Europainstitut > Europainstitut > Europäisches Recht (Tobler)
UniBasel Contributors:Tobler, Christa
Item Type:Book Section
Book Section Subtype:Further Contribution in a Book
Publisher:Springer
ISBN:978-3-030-43763-3
e-ISBN:978-3-030-43764-0
Series Name:European Union and its neighbours in a globalized world
Issue Number:1
ISSN:2524-8928
Note:Publication type according to Uni Basel Research Database: Book item
Identification Number:
Last Modified:01 Oct 2020 09:06
Deposited On:01 Oct 2020 09:06

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