La Trobe

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

Download (2.4 MB)
Version 2 2022-10-24, 06:08
Version 1 2020-11-10, 05:34
journal contribution
posted on 2020-11-10, 05:34 authored by Terry Carney, Shih-Ning Then, Christine BigbyChristine Bigby, ILAN WIESELILAN WIESEL, Jacinta DouglasJacinta Douglas, Elizabeth SmithElizabeth 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

2019-11-17

Journal

Griffith Law Review

Pagination

23p. (p. 1-23)

Publisher

Taylor & Francis

ISSN

1038-3441

Rights Statement

The Author reserves all moral rights over the deposited text and must be credited if any re-use occurs. Documents deposited in OPAL are the Open Access versions of outputs published elsewhere. Changes resulting from the publishing process may therefore not be reflected in this document. The final published version may be obtained via the publisher’s DOI. Please note that additional copyright and access restrictions may apply to the published version.