Realising ‘Will, Preferences and Rights’: Reconciling Differences on Best Practice Support for Decision-Making?

T.Carney, S-N Then, C. Bigby, I. Wiesel, J, Douglas, E. Smith, 'Realising ‘Will, Preferences and Rights’: Reconciling Differences on Best Practice Support for Decision-Making?', Griffith Law Review, 2019 (Forthcoming)

Sydney Law School Research Paper No. 19/70

31 Pages Posted: 6 Dec 2019

See all articles by Terry Carney AO

Terry Carney AO

The University of Sydney Law School

Shih-Ning Then

Queensland University of Technology - Faculty of Law

Christine Bigby

La Trobe University

Ilan Wiesel

Geography and Resource Management

Jacinta Douglas

La Trobe University

Elizabeth Smith

La Trobe University

Date Written: November 28, 2019

Abstract

'Will, preferences and rights’ is the new guiding principle for all support for or exercise of decision-making under the Convention on Rights of Persons with Disabilities, but its meaning is disputed and practice implications are poorly understood. This article explores key debates across disciplines and draws on grounded theory fieldwork findings to bring greater clarity to the principle within law, policy and practice settings. It is argued that the principle calls for a nuanced understanding which cautions against expectations that mere enactment into law or adoption within programs of support will prove to be a panacea.

Keywords: will preferences and rights, support for decision-making, CRPD, grounded-theory findings

JEL Classification: K10, K30

Suggested Citation

Carney AO, Terry and Then, Shih-Ning and Bigby, Christine and Wiesel, Ilan and Douglas, Jacinta and Smith, Elizabeth, Realising ‘Will, Preferences and Rights’: Reconciling Differences on Best Practice Support for Decision-Making? (November 28, 2019). T.Carney, S-N Then, C. Bigby, I. Wiesel, J, Douglas, E. Smith, 'Realising ‘Will, Preferences and Rights’: Reconciling Differences on Best Practice Support for Decision-Making?', Griffith Law Review, 2019 (Forthcoming); Sydney Law School Research Paper No. 19/70. Available at SSRN: https://ssrn.com/abstract=3494869

Terry Carney AO (Contact Author)

The University of Sydney Law School ( email )

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

Shih-Ning Then

Queensland University of Technology - Faculty of Law ( email )

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

Christine Bigby

La Trobe University ( email )

Department of Economics and Finance
Victoria 3552, 3086
Australia

Ilan Wiesel

Geography and Resource Management ( email )

Melbourne
Australia

HOME PAGE: http://https://findanexpert.unimelb.edu.au/display/person178914

Elizabeth Smith

La Trobe University ( email )

Australia

HOME PAGE: http://https://www.latrobe.edu.au/lids/staff

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