Our Knowledge Publishing
Tension between Non-Discrimination and Self-Determination for the Disabled
Product Code:
9786208331511
ISBN13:
9786208331511
Condition:
New
$46.89
Tension between Non-Discrimination and Self-Determination for the Disabled
$46.89
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.
| Author: Sonny Kabeya Mukanya |
| Publisher: Our Knowledge Publishing |
| Publication Date: Nov 28, 2024 |
| Number of Pages: 52 pages |
| Binding: Paperback or Softback |
| ISBN-10: 620833151X |
| ISBN-13: 9786208331511 |