From Navas to Kaltoft
| Author | Peter McTigue |
| Published date | 01 December 2015 |
| Date | 01 December 2015 |
| DOI | http://doi.org/10.1177/1358229115591653 |
| Subject Matter | Articles |
Article
From Navas to Kaltoft:
The European Court of
Justice’s evolving
definition of disability
and the implications for
HIV-positive individuals
Peter McTigue
Abstract
This article will examine the definition of disability developed by the European Court of
Justice (CJEU) for the purposes of the Employment Equality Directive and whether it is
sufficient for the purpose of bringing people living with human immunodeficiency virus/
AIDS (PLHA) within its scope. The article will argue that in order to adequately protect
PLHA within the European Union (EU) from discrimination, the CJEU 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 PLHA but for all individuals with disabilities from discrimination throughout the EU.
In addition to this central argument, this article will argue that the lack of a coherent
definition of disability grounded in the social model fragments protection for PLHA
across the EU leading to a number of possible unintended consequences.
Keywords
Discrimination, EU law, equality, stigma, disability, HIV, AIDS
Nottingham Law School, Nottingham Trent University, Nottingham, UK
Corresponding author:
Peter McTigue, Nottingham Law School, Nottingham Trent University, Burton Street, Nottingham
NG1 4BU, UK.
Email: peter.mctigue@ntu.ac.uk
International Journalof
Discrimination and theLaw
2015, Vol. 15(4) 241–255
ªThe Author(s) 2015
Reprints and permission:
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DOI: 10.1177/1358229115591653
jdi.sagepub.com
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