Introduction:
– Thesis statement: Despite the recent ruling of the European Court of Justice, obesity is a self-imposed condition and, absent medical evidence to the contrary, should not be treated as disability.
Paragraph 1 thesis statement:
– The ECJ has erred in its holding that obesity should be protected.
– EU law does not name obesity as a protected status.
Paragraph 2 thesis statement:
– Classifying obesity as a disability only serves to create confusion in the workplace.
Evidence:
– Who decides?
– Measure BMI?
– Boon for lawyers?
Paragraph 3 thesis statement:
– Obesity is a self-imposed condition Evidence:
– Obesity can easily be controlled by diet and exercise
– There are legitimate medical illnesses, such as hypothyroidism, that cause obesity.
Paragraph 4 thesis statement (Counter-argument)
– Obesity falls within the concept of disability as developed in other EU cases.
Evidence:
– The Court used principles from the HK Danmark case Denmark from and the Z case from Ireland
Conclusion
– Absent a legitimate medical cause, obesity should not be considered a protected disability in the EU.
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