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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 2020-11-10, 05:34 authored by Terry Carney, Shih-Ning Then, Christine BigbyChristine Bigby, ILAN WIESELILAN WIESEL, Jacinta DouglasJacinta 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.


Australian Research Council | LP150100391


Publication Date



Griffith Law Review


23p. (p. 1-23)


Taylor & Francis



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