Miscellaneous, I am very confused. I thought this was a thread about a court case on legal rights for disabled people? How can you say that my point "isn't very relevant"?
I am struggling to construe your concession that "your points I'm sure are very interesting" as something other than patronising. I'll keep trying
.
The non-legal definition of "disabled" was until fairly recently quite narrow and very uncertain in most people's eyes. It equated to something like "people in wheelchairs and the blind". Now, thanks to the EU Equal Treatment Directive and the Equality Act 2010, we have something in law that is much more certain and useful. In time, people will become accustomed to affording this broader group protective rights and their perceptions of disability will change. This is a good thing.
However, in setting out these rights, the lawmakers decided to make value judgments, excluding certain types of condition that would otherwise be disabilities, e.g. Alcoholism. They (rightly) left out obesity from this list, so the court concluded that this was intentional, and obesity can be a disability.
There are of course some obese people who should not receive legal protection. To include absolutely all of them would make a mockery of disability rights. Where to draw that line is a value judgment and a difficult one to make.
In fact, this is actually exactly the same difficulty that the court had in the First Group bus/buggy case. The judge there said that the law was very clear that there were some non-wheelchair using people whom it would be unreasonable to force to vacate a wheelchair space on a bus for a wheelchair user (e.g. a blind person). Therefore if the bus company were to be forced to ask all non-wheelchair users to vacate the wheelchair space, they (or rather the bus driver) would have to make value judgments about which people were required to move and which were not. The court said this was jot realistic or fair, so said that all the bus driver has to do is ask the non-wheelchair user to move and rely on their goodwill and reasonableness.
So value judgments are everywhere in disability rights, like it or not.
I am not and never was trying to prove you wrong. But the assumption many (hint: this is me trying to de-personalise what should be an interesting debate
) appear to have that opposing this ruling introduces value judgments into disability rights is wrong - they've always been there.