Public and Private Bricolage - Challenges Balancing Law, Services & Civil Society in Advancing CRPD Supported Decision Making

First published as Carney, T. & Beaupert, F., ‘Public and Private Bricolage - Challenges balancing law, services & civil society in advancing CRPD supported decision making’ (2013) 36(1) UNSW Law Journal, 175-201

Sydney Law School Research Paper No. 13/52

28 Pages Posted: 17 Jul 2013 Last revised: 28 Dec 2019

See all articles by Terry Carney AO

Terry Carney AO

The University of Sydney Law School

Fleur Beaupert

Independent

Date Written: June 24, 2013

Abstract

Many countries have begun to rethink laws, services and civil society roles in advancing the objective of ‘supported decision making’ enshrined by the Convention on the Rights of Persons with Disabilities. This article reviews recent experience in Canada, Australia and elsewhere, including proposals by the Victorian Law Reform Commission, development of personal budget models for services, family decision making, and various pilot programs of innovative new models of delivery to different disability groups. It finds little empirical foundation for or evidence-based evaluation of the wide variety of public law, private law, soft-law and social processes variously being utilised in different jurisdictions, concluding that careful empirical research and pilot programs are needed to guide related legal and social policy reform choices between or among public law, private law or other approaches.

Keywords: supported decision making, Convention on Rights of Persons with Disabilities, evidence-based law reform, disability services personal budgets, guardianship

JEL Classification: K10, K30

Suggested Citation

Carney AO, Terry and Beaupert, Fleur, Public and Private Bricolage - Challenges Balancing Law, Services & Civil Society in Advancing CRPD Supported Decision Making (June 24, 2013). First published as Carney, T. & Beaupert, F., ‘Public and Private Bricolage - Challenges balancing law, services & civil society in advancing CRPD supported decision making’ (2013) 36(1) UNSW Law Journal, 175-201; Sydney Law School Research Paper No. 13/52. Available at SSRN: https://ssrn.com/abstract=2284552

Terry Carney AO (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Fleur Beaupert

Independent ( email )

No Address Available
United States

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