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22 Colum. J. Eur. L. 381 (2015-2016)
Is Obesity a Disability? The Definition of Disability by the Court of Justice of the European Union and Its Consequences for the Application of EU Anti-Discrimination Law

handle is hein.journals/coljeul22 and id is 393 raw text is: IS OBESITY A DISABILITY? THE DEFINITION OF DISABILITY BY THE COURT OF JUSTICE OF THE EUROPEAN UNION AND ITS CONSEQUENCES FOR THE APPLICATION OF EU ANTI-DISCRIMINATION LAW Gauthier de Beco * This paper examines the relevant issues pertaining to disability as defined by the Court of Justice of the European Union in light of the Kaltoft v. Municipality of Billund case. It considers whether the Court's application of the guidance on the meaning of disabil- ity in the UN CRPD is adequate for defining disability according to European Union anti-discrimination law. After discussing the concept of disability and the relevant CJEU's jurisprudence, the paper examines the differences between European Union anti- discrimination law and European human rights law regarding non-discrimination, and explores the ways in which obese people could be protected against discrimination under European Union ant-discrimination law. It finally considers the practical and legal consequences of the Court's application of the guidance on the meaning of disability in the UN CRPD. IN T R O D U C T IO N ............................................................................ 382 I. DEFINITION OF DISABILITY BY THE COURT OF JUSTICE OF THE EUROPEAN UNION ............................................... 383 II. EU ANTI-DISCRIMINATION LAW AND EUROPEAN HUMAN R IG H T S L A W ......................................................................... 387 III. OBESITY UNDER EU ANTI-DISCRIMINATION LAW .... 390 IV. CJEU'S ADOPTION OF THE UN CRPD'S CONCEPT OF D ISA B IL IT Y ........................................................................... 395 C O N C L U SIO N ................................................................................ 40 1 Lecturer in Disability Law, University of Leeds. The author wishes to thank Anna Lawson (University of Leeds), Oddny Arard6ttir (University of Iceland), Jerome Bickenbach (University of Lucerne), Maria Ventegodt Liisberg (Danish Institute for Human Rights) and Paul Quinn (University of Brussels) for their comments on an earlier version of this article. CASE NOTE

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