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

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.

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