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.
Full text not available from this repository.
Official URL: https://edoc.unibas.ch/78356/
Downloads: Statistics Overview
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 Öffentliches Recht > Professur für 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: | 05 Jun 2023 12:43 |
| Deposited On: | 01 Oct 2020 09:06 |
Repository Staff Only: item control page