Equal treatment of people with disabilities in the EC: what does equal mean?

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 and at the same time complementary ways. In its traditional formal sense, it has been linked to state neutrality and procedural justice. In its modern, substantive sense, equality has a remedial role to play, requiring a cautious examination of societal reality and collective anticipation of discriminatory phenomena. It is subsequently examined to what extent and in what way the most crucial provisions of Directive 2000/78/EEC on disability discrimination fit in each of the above-mentioned equality models.