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

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journal contribution
posted on 2022-10-24, 06:08 authored by Terry Carney, Shih-Ning Then, Christine BigbyChristine Bigby, ILAN WIESELILAN WIESEL, Jacinta DouglasJacinta Douglas, Elizabeth Smith

‘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

2019-10-02

Journal

Griffith Law Review

Volume

28

Issue

4

Pagination

23p. (p.357-379)

Publisher

Taylor & Francis

ISSN

1038-3441

Rights Statement

© 2019 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way.