Una parità di ‘riflesso’? La tutela del caregiver nella sentenza Bervidi (C-38/24) e i nuovi confini dell’art. 5 della direttiva 2000/78/CE

Abstract

The contribution examines the judgment of the Court of Justice of the European Union in the Bervidi Case (C-38/24), focusing on the extension of anti-discrimination protection to family caregivers of persons with disabilities. Building on the preliminary reference submitted by the Supreme Court of Cassation and on the European line of case law inaugurated by Coleman, the article retraces the main argumentative steps through which the CJEU recognised the relevance of indirect discrimination by association and the impact of the decision on the scope of application of Directive 2000/78/EC. From this perspective, the analysis also focuses on the role of the duty to provide reasonable accommodation as a tool for ensuring the effectiveness of equal treatment, interpreted in the light of the multilevel system of fundamental rights protection and of the dialogue between European courts. On this basis, the article reflects on the effects of the Bervidi ruling within the Italian legal order, highlighting the persistent shortcomings in the protection of family caregivers and the implications for the future evolution of the relevant framework of protection.