ABSTRACT
‘Will, preferences and rights’ is the new guiding principle for all support for or exercise of decision-making under the Convention on Rights of Persons with Disabilities, but its meaning is disputed and practice implications are poorly understood. This article explores key debates across disciplines and draws on grounded theory fieldwork findings to bring greater clarity to the principle within law, policy and practice settings. It is argued that the principle calls for a nuanced understanding which cautions against expectations that mere enactment into law or adoption within programs of support will prove to be a panacea.
Carney AO, Terry and Then, Shih-Ning and Bigby, Christine and Wiesel, Ilan and Douglas, Jacinta and Smith, Elizabeth, Realising ‘Will, Preferences and Rights’: Reconciling Differences on Best Practice Support for Decision-Making? (November 28, 2019) Griffith Law Review, 2019 (forthcoming); Sydney Law School Research Paper No 19/70.
First posted 2019-12-07 11:53:03
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