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

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 disability 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.