The non-discrimination principal on grounds of disability and health in the international, EU and Spanish legal system

The paper deals with the protection of disabled and sick people against discrimination in a much changing reality influenced by the covid pandemic. The first part explores the definition of ‘disability’ with emphasis on the UN CRPD and the EU approach (EU Employment Equality Directive and the case-law of the CJEU). It aims at exploring whether the EU and Spanish legal system are in line with the more ‘social’ concept of ‘disability’ introduced by the CRPD. One of the main issues that are explored is whether sickness is included in the term ‘disability’. The paper argues that although the case-law of the CJEU took a turn to better adapt to the UN Convention, certain issues are still treated in a different way. The second part deals with the cases of indirect discrimination and the positive actions in this field. The paper analyses cases that were brought before the CJEU, the ECtHR and the Spanish Constitutional Court, covering different areas (access to education, employment etc.).