On Obesity as a Disability

Katharina Eva Ó Cathaoir

On Obesity as a Disability

Faculty of Law

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Abstract

There is no general principle under European Union law prohibiting discrimination on the basis of obesity in regard to employment and occupation. Obesity alone is not a disability but can constitute a disability where it is accompanied by a limitation resulting from long term physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the individual in professional life on an equal basis with other workers (official headnote).In December 2014, the Court of Justice of the European Union (CJEU) issued a preliminary ruling addressing, firstly, whether obesity is a protected ground of non-discrimination, and, secondly, whether obesity can amount to a disability. This piece begins with an introduction to the topic of obesity, followed by the facts of the case, the CJEU's judgment and a comment on the decision.

Original language	English
Journal	European Journal of Risk Regulation
Volume	6
Issue number	1
Pages (from-to)	145-150
Number of pages	6
ISSN	1867-299X
Publication status	Published - 1 Mar 2015

Keywords

Faculty of Law
Obesity
disability
EU law

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

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Karltoft case note Accepted author manuscript, 47.4 KB

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AB - There is no general principle under European Union law prohibiting discrimination on the basis of obesity in regard to employment and occupation. Obesity alone is not a disability but can constitute a disability where it is accompanied by a limitation resulting from long term physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the individual in professional life on an equal basis with other workers (official headnote).In December 2014, the Court of Justice of the European Union (CJEU) issued a preliminary ruling addressing, firstly, whether obesity is a protected ground of non-discrimination, and, secondly, whether obesity can amount to a disability. This piece begins with an introduction to the topic of obesity, followed by the facts of the case, the CJEU's judgment and a comment on the decision.

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KW - disability

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On Obesity as a Disability

Abstract

Keywords

UN SDGs

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