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Participation and service access rights for people with intellectual disability: A role for law?

Authors :
Carney, Terry
Source :
Journal of Intellectual & Developmental Disability; Mar2013, Vol. 38 Issue 1, p59-69, 11p
Publication Year :
2013

Abstract

Background Supported decision-making and personal budgets for services are the new paradigms. Method Supported decision-making proposals from the Australian State of Victoria are analysed against international trends to determine the viability of laws reflecting new international norms of the United Nations Convention on the Rights of Persons with Disabilities 2006 (CRPD). Results/Conclusions The article concludes that it is desirable to pursue supported decision-making and allied legal reforms, but the contribution of the law is small and the new supported decision-making paradigms have similarities to old paternalist guardianship, as well as possible unintended consequences. It is suggested that realising the equality, support, protection, and socioeconomic service aspirations of the CRPD raise important practical challenges for governments, for service providers, for families, and-centrally-for people with intellectual disability (ID).This article examines the limited contribution law can make to this enterprise. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
13668250
Volume :
38
Issue :
1
Database :
Complementary Index
Journal :
Journal of Intellectual & Developmental Disability
Publication Type :
Academic Journal
Accession number :
85430830
Full Text :
https://doi.org/10.3109/13668250.2012.738810