Safeguarding Rights to Liberty and Security Where People with Disability Are Subject to Detention and Restraint: A Practical Approach to the Adjudication, Interpretation and Making of Law (Part Two)

Psychiatry, Psychology and Law, vol 25, no 4, pp 550-577.

42 Pages Posted: 31 Aug 2018 Last revised: 1 Mar 2019

See all articles by Kim Chandler

Kim Chandler

Queensland University of Technology, Faculty of Law, Australian Center for Health Law Research

Ben White

Queensland University of Technology - Faculty of Law

Lindy Willmott

Queensland University of Technology - Faculty of Law

Date Written: 2018

Abstract

This is the second article in a two-part series that establishes a framework for evaluating law as it affects the rights to liberty and security for people with intellectual and cognitive impairments. This article uses the rights-based approach developed in the first article to establish a methodology to evaluate the range of ways in which law can be made or interpreted in this area. The methodology considers the adjudication of common law rights by courts, judicial interpretation of statute and the making of laws. Key areas of law considered are those which permit the detention and use of restrictive practices for ‘challenging behaviours’ or ‘behaviours of concern’. The article concludes by arguing that a rights-based approach and a method to assess how law applies it is essential to ensure that a ‘thick’ rule of law can protect and promote the rights and interests of people with intellectual and cognitive impairments.

Suggested Citation

Chandler, Kim and White, Ben and Willmott, Lindy, Safeguarding Rights to Liberty and Security Where People with Disability Are Subject to Detention and Restraint: A Practical Approach to the Adjudication, Interpretation and Making of Law (Part Two) (2018). Psychiatry, Psychology and Law, vol 25, no 4, pp 550-577.. Available at SSRN: https://ssrn.com/abstract=3237202

Kim Chandler

Queensland University of Technology, Faculty of Law, Australian Center for Health Law Research

Australia

Ben White (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/whiteb/

Lindy Willmott

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/willmott/

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