Tension between Non-Discrimination and Self-Determination for the Disabled

This research examines the tension between universal human rights and the need for specific protections for vulnerable groups (categorical human rights) through case C-518/22 J.M.P. v. AP Assistenzprofis GmbH decided by the CJEU in 2023. The case deals with age discrimination in the context of personal assistance to a disabled student. We analyze the CJEU's interpretation of the provisions of Directive 2000/78/EC in relation to the EU Charter of Fundamental Rights and the CRPD. Highlighting the legal relationship between the right to self-determination of people with disabilities and the prohibition of age discrimination we use Richard Arneson's theory of equal welfare opportunities and Amartya Sen's theory of capability to assess this tension.