Tension between Non-Discrimination and Self-Determination for the Disabled
Study of CJEU case C 518/22, J.M.P v AP Assistenzprofis GmbH, December 07, 2023.
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This research examines the tension between universal human rights and the need for specific protections for vulnerable groups (categorical human rights), through case C-518/22, J.M.P. v. AP Assistenzprofis GmbH, decided by the CJEU in 2023. The case deals with age discrimination in the context of personal assistance to a disabled student. We analyze the CJEU's interpretation of the provisions of Directive 2000/78/EC in relation to the EU Charter of Fundamental Rights and the CRPD. Highlighting the legal relationship between the right to self-determination of people with disabilities and the pr...
This research examines the tension between universal human rights and the need for specific protections for vulnerable groups (categorical human rights), through case C-518/22, J.M.P. v. AP Assistenzprofis GmbH, decided by the CJEU in 2023. The case deals with age discrimination in the context of personal assistance to a disabled student. We analyze the CJEU's interpretation of the provisions of Directive 2000/78/EC in relation to the EU Charter of Fundamental Rights and the CRPD. Highlighting the legal relationship between the right to self-determination of people with disabilities and the prohibition of age discrimination, we use Richard Arneson's theory of equal welfare opportunities and Amartya Sen's theory of capability to assess this tension.
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