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Disability discrimination by association : a case of the double yes?
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Stewart, Ann, Niccolai, S. (Silvia) and Hoskyns, Catherine (2011) Disability discrimination by association : a case of the double yes? Social & Legal Studies, Volume 20 (Number 2). pp. 173-190. doi:10.1177/0964663910391519 ISSN 0964-6639.
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Official URL: http://dx.doi.org/10.1177/0964663910391519
Abstract
In July 2008, the European Court of Justice (ECJ) ruled in Coleman v Attridge Law (Case C-303/06) that the European prohibition of discrimination based on disabilities (Directive 2000/78) applies when the direct victim of discrimination is a person associated with the disabled person, such as a parent who is the primary carer for a disabled child. This decision has major implications for the scope and application of European anti-discrimination law, and in particular for the new anti-discrimination directives. Coleman raises questions relating to the complex relationship between paid work and caring. While being a case relating to disability discrimination, it has been heralded as a victory for carers. This article seeks to explain why and explore the extent to which this ruling reconstructs the concept of the worker as a subject whose caring relationships are recognized and valued. It begins by setting the judgment within the wider debates relating to care and work before considering the significance of the ruling for ECJ anti-discrimination jurisprudence. The article concludes with a discussion of the implications of the ruling and its aftermath in the UK, particularly for contemporary feminist analysis of the relationship between caring and paid work.
Item Type: | Journal Article | ||||
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Subjects: | K Law [LC] > KJ-KKZ European law | ||||
Divisions: | Faculty of Social Sciences > School of Law | ||||
Library of Congress Subject Headings (LCSH): | Discrimination -- Law and legislation -- European Union countries, Reconciliation (Law), Discrimination against people with disabilities -- Law and legislation -- European Union countries | ||||
Journal or Publication Title: | Social & Legal Studies | ||||
Publisher: | Sage Publications Ltd. | ||||
ISSN: | 0964-6639 | ||||
Official Date: | 2011 | ||||
Dates: |
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Volume: | Volume 20 | ||||
Number: | Number 2 | ||||
Page Range: | pp. 173-190 | ||||
DOI: | 10.1177/0964663910391519 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published |
Data sourced from Thomson Reuters' Web of Knowledge
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