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.


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