La Trobe
2019 Carney et al. Realising will preferences and rights Griffith Law Review.pdf (2.4 MB)

Realising ‘will, preferences and rights’: reconciling differences on best practice support for decision-making?

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journal contribution
posted on 10.11.2020, 05:34 by Terry Carney, Shih-Ning Then, Christine Bigby, ILAN WIESEL, Jacinta Douglas, Elizabeth Smith
© 2019, © 2019 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. ‘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.

Funding

Australian Research Council | LP150100391

History

Publication Date

17/11/2019

Journal

Griffith Law Review

Pagination

23p. (p. 1-23)

Publisher

Taylor & Francis

ISSN

1038-3441

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