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Prioritising Supported Decision-Making: Running on Empty or a Basis for Glacial-To-Steady Progress?

Author

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  • Terry Carney

    (School of Law, University of Sydney, Eastern Ave, Camperdown, NSW 2006, Australia
    Faculty of Law, University of Technology Sydney, 15 Broadway, Ultimo, NSW 2007, Australia)

Abstract

Honouring the requirement of the Convention on the Rights of Persons with Disabilities to introduce supported decision-making (SD) has largely been a case of much talk and little real action. As a socio-economic right, actualising support is resource-intensive as well as being fairly uncharted territory in terms of what works, to what degree and for how long benefits last. This paper, drawing lightly on mainly Australian examples, considers unexplored (and sometimes unorthodox) approaches such as the ‘needs-based’ principle for setting social welfare priorities as possible ways of revitalising SD through progressive realisation, whether through civil society programs or under the law. It argues that pure repeal of proxy decision-making on its own is not viable in realpolitik terms so progressive realisation of ‘repeal with adequate support’ must instead be devised for SD implementation to progress.

Suggested Citation

  • Terry Carney, 2017. "Prioritising Supported Decision-Making: Running on Empty or a Basis for Glacial-To-Steady Progress?," Laws, MDPI, vol. 6(4), pages 1-14, October.
    • Handle: RePEc:gam:jlawss:v:6:y:2017:i:4:p:18-:d:114774
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    Cited by:

    1. Jill Stavert, 2018. "Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland," Laws, MDPI, vol. 7(3), pages 1-15, June.

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