engleski

Protection of Women with Disabilities in EU Non- Discrimination Law

Protecting persons with disabilities against discrimination is a limited concept within EU law. It covers only their protection in the field of employment and occupation, leaving persons with disabilities unprotected from discrimination in other areas of social life (social security, access to goods and services, education). Furthermore, multiple discrimination against women is mentioned only in the preambles of the Racial Directive and the Equality Framework Directive, and the CJEU has failed to recognise the concept of intersectional discrimination in its case-law. Taking this into account, one can conclude that persons with disabilities are not adequately protected against discrimination and women with disabilities in particular lack visibility in EU law. In 2011, the UN Convention on the Rights of Persons with Disabilities entered into force for the EU. This Convention applies a human rights model of disability and recognizes multiple discrimination of women with disabilities. Since there is an obligation of the CJEU to interpret the EU law in line with this Convention, the expected implication of this obligation is the improved protection of women with disabilities from discrimination in EU. The focus of this contribution is on the analysis of the relevant case-law of the CJEU and its repercussions on the position of women with disabilities in the EU labour market.

women ; disabilities ; EU ; discrimination

Knjiga je u pripremi za tisak.