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

Laws, Vol. 6, No. 4, pp. 1-14, 2017

15 Pages Posted: 25 Oct 2017

See all articles by Terry Carney AO

Terry Carney AO

The University of Sydney Law School

Date Written: October 24, 2017

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, and is fairly uncharted territory in terms of what works, to what degree and for how long. This paper considers unexplored (and sometimes unorthodox) approaches such as welfare’s ‘needs based 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.

Keywords: Supported decision-making, socio-economic rights, progressive realisation, program priorities

JEL Classification: K10, K30, K32

Suggested Citation

Carney AO, Terry, Prioritising Supported Decision-Making: Running on Empty or a Basis for Glacial-to-Steady Progress? (October 24, 2017). Laws, Vol. 6, No. 4, pp. 1-14, 2017, Available at SSRN: https://ssrn.com/abstract=3058502

Terry Carney AO (Contact Author)

The University of Sydney Law School ( email )

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

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