La enfermedad como causa de discriminación tras la ley integral para la igualdad de trato y la no discriminación
The recent enactment of the Comprehensive Law 15/22 of 12 July comprehensively addresses the right to non-discrimination, including new circumstances in which the infringement of this right is appreciable. The purpose of the present is to start from the elaborate doctrine held by the Court of Lux...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8791478 |
| Source: | Temas laborales: Revista andaluza de trabajo y bienestar social, ISSN 0213-0750, Nº 165, 2022, pags. 151-182 |
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| Summary: |
The recent enactment of the Comprehensive Law 15/22 of 12 July comprehensively addresses
the right to non-discrimination, including new circumstances in which the infringement of this
right is appreciable.
The purpose of the present is to start from the elaborate doctrine held by the Court of Luxembourg
on the concept of “disease” in so far as it may constitute a discriminatory factor by having its own
features that place it close to the element provided for in Directive 78/2000, “disability”.
After that, an interpretative analysis of the new discriminatory factor of “disease or health
condition” is proposed, pending the light that the judicial pronouncements will shed, all limited
to the field of labor relations and, more specifically, to the extinction phase. |
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