Dec 18, 2014 03:58 PM EST
EU Obesity Ruling: For European Union Court, Obesity Can Be A Disability

As the fight against the obesity epidemic continues to thrive in many Western countries, a landmark has been set in Europe, as a new EU obesity ruling in court has stated that it could indeed be considered a disability in further cases.

The latest news of the EU obesity ruling sets a milestone for future treatment of the disease in the legal system of the European Union, as those suffering from obesity would be guarded by the law and acknowledge their rights as people with an important physical disability.

According to The Guardian, one of the key points about the new EU obesity ruling is the fact that it could affect the way employment is managed across Europe. The decision was just released this Thursday in Luxembourg, regarding a Danish childminder (or babysitter) who lost his job due to the fact that he was unable to perform to his very best because of obesity.

Reputable news outlet BBC has pointed out that the EU obesity ruling said that obesity in itself wasn't a disability, but sustained health problems that come from obesity can constitute one.

The plaintiff, Karsten Kaltoft, has stated that he doesn't see himself as disabled. However, he first sued his former employers of 15 years when they dismissed him though he was doing his job properly; Kaltoft stated that he'd been fired because he was overweight as opposed to not functioning properly in his work.

The case reached the highest stances of Denmark courts, and then the country sent the case over to the European court in Luxembourg for further reassessing. Now, the Danish courts will have to review the case in order to conclude whether or not his case would apply as a disability.

The European Court of Justice (ECT), the one that put out the EU obesity ruling, is the highest court in the European Union system - its rulings are binding, according to Time Magazine, but each country in the region would have to go to court to decide whether the person's obesity is severe enough to qualify as a disability.

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