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Having their voices heard

Having their voices heard

By Genevieve Nihill

Capacity 


At the launch of the LIV Capacity Guidelines, VCAT deputy president Genevieve Nihill spoke about the challenge of balancing the need to protect vulnerable people and their right to autonomy. The publication of the LIV Capacity Guidelines comes at an important time, offering a reference point as we watch over and participate in the changing of laws to meet modern perspectives on capacity. When we talk about a paradigm shift in our understanding of capacity in decision making, we have to start by thinking about the United Nations Convention on the Rights of Persons with Disabilities (the CRPD).1 In signing up, Australia accepted the obligation to formally recognise that people with disability “enjoy legal capacity on an equal basis with others in all aspects of life” and to “take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity”.

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