Non-ideal Weight Discrimination in EU Law

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.