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Abstract from

Protection, Populism and Citizenship

Terry Carney

Guardianship laws and the process of alternative decision-making by guardianship authorities pose a dilemma for those promoting inclusion of people with disabilities. While guardianship is considered an important means of protecting people who are unable to manage their own affairs, the manner in which the decisions are made has a direct effect on position of people with disabilities. The success of the Australian guardianship tribunals would appear to be a result of the participatory setting and the inclusive attitude adopted by the tribunals. It is argued that this success is consistent with the republican citizenship model which incorporates a socially inclusive set of aspirations.

(2000) 17(2) Law in Context 54
Keywords: Guardianship Tribunals; Discrimination

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