Equal Treatment of People with Disabilities in the EC: What does “Equal” mean?

Zoe Apostolopoulou

No 9, Jean Monnet Working Papers from Jean Monnet Chair

Abstract: Expecting the elaboration of national legislation to implement Directive 2000/78/EEC prohibiting, inter alia, discrimination on the grounds of disability in employment and occupation, and the consequent arise of judicial litigation, this paper attempts to contribute to a better understanding of this legislative instrument. To achieve this purpose, it is assumed that equality is generally perceived in two competing andat the same time complementary ways. In its traditional formal sense, ithas been linked to state neutrality and procedural justice. In itsmodern, substantive sense, equality has a remedial role to play,requiring a cautious examination of societal reality and collectiveanticipation of discriminatory phenomena. It is subsequently examined towhat extent and in what way the most crucial provisions of Directive2000/78/EEC on disability discrimination fit in each of theabove-mentioned equality models.

Keywords: positive; action (search for similar items in EconPapers)
Date: 2004-12-12
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