From the Coleman Case to Disability Justice: An Examination of Discrimination by Association

Abstract

This article studies a court case heard by the European Court of Justice in 2008 concerning employment discrimination faced by the mother of a disabled child. This case illustrates the search for a fair balance between informal care work and employment in a market economy is a fresh perspective. The very terms of social justice must be recast for the implementation of a more caring society wherein informal caregivers must be recognized as very often constituting a socially disadvantaged group. The development of a caring society requires a more comprehensive examination of power relations between informal caregivers and care recipients or resulting from care activities. Most analyses of care activities reveal a social reality involving structurally unequal agents. Among these are informal caregivers who face situations of inequality, which will not be overcome as long as care continues to be seen through the category of dependency, unilaterally assigned to those on the receiving end of care.

Citation

Berthelot-Raffard, A. (2024), "From the Coleman Case to Disability Justice: An Examination of Discrimination by Association", Ciciurkaite, G. and Brown, R.L. (Ed.) Disability and the Changing Contexts of Family and Personal Relationships (Research in Social Science and Disability, Vol. 15), Emerald Publishing Limited, Leeds, pp. 27-42. https://doi.org/10.1108/S1479-354720240000015004