From Navas to Kaltoft: The European Court of Justice’s evolving definition of disability and the implications for HIV-positive individuals

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McTigue, P. ORCID: 0000-0002-8266-4200, 2015. From Navas to Kaltoft: The European Court of Justice’s evolving definition of disability and the implications for HIV-positive individuals. International Journal of Discrimination and the Law.

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Official URL: http://dx.doi.org/10.1177/1358229115591653

Abstract

This article will examine the definition of disability developed by the European Court of Justice for the purposes of the Employment Equality Directive and examine whether it is sufficient for the purpose of bringing People Living with HIV/AIDS within its scope. The article will argue that in order to adequately protect People Living with HIV/AIDS within the EU from discrimination, the European Court of Justice 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 People Living with HIV/AIDS but for all individuals with disabilities from discrimination throughout the EU. In addition to this central argument, this paper will argue that the lack of a coherent definition of disability grounded in the social model fragments protection for People Living with HIV/AIDS across the EU leading to a number of possible unintended consequences.

Item Type:

Journal article

Publication Title:

International Journal of Discrimination and the Law

Creators:

McTigue, P.

Publisher:

Sage

Place of Publication:

London

Date:

2015