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Between the convention and conventional practice: Israeli social workers' recommendations regarding the legal capacity of people with disabilities

BACKGROUND: Following the convention on the rights of persons with disabilities (CRPD), various countries have recently amended their legal capacity laws with the aim of restricting the use of guardianship and increasing the use of other, less restrictive practices, mainly supported decision making....

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Autores principales: Holler, Roni, Werner, Shirli
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Blackwell Publishing Ltd 2022
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9305968/
https://www.ncbi.nlm.nih.gov/pubmed/35146852
http://dx.doi.org/10.1111/jar.12986
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author Holler, Roni
Werner, Shirli
author_facet Holler, Roni
Werner, Shirli
author_sort Holler, Roni
collection PubMed
description BACKGROUND: Following the convention on the rights of persons with disabilities (CRPD), various countries have recently amended their legal capacity laws with the aim of restricting the use of guardianship and increasing the use of other, less restrictive practices, mainly supported decision making. As social workers have a key role in carrying out these reforms, this study examines how Israeli social workers make legal capacity‐related decisions. METHOD: Semi‐structured interviews with 27 Israeli social workers. RESULTS: Thematic analysis identified three factors driving social workers' recommendations regarding guardianship and supported decision‐making: the person's diagnosis and functioning level, and the presence of a supportive family. A fourth factor, the person's preferences, played a complex and more limited role. CONCLUSIONS: Many changes have yet to be made to fully apply the support paradigm in Israel, since social workers still tend to base their recommendations on factors not fully aligned with the CRPD.
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spelling pubmed-93059682022-07-28 Between the convention and conventional practice: Israeli social workers' recommendations regarding the legal capacity of people with disabilities Holler, Roni Werner, Shirli J Appl Res Intellect Disabil Original Articles BACKGROUND: Following the convention on the rights of persons with disabilities (CRPD), various countries have recently amended their legal capacity laws with the aim of restricting the use of guardianship and increasing the use of other, less restrictive practices, mainly supported decision making. As social workers have a key role in carrying out these reforms, this study examines how Israeli social workers make legal capacity‐related decisions. METHOD: Semi‐structured interviews with 27 Israeli social workers. RESULTS: Thematic analysis identified three factors driving social workers' recommendations regarding guardianship and supported decision‐making: the person's diagnosis and functioning level, and the presence of a supportive family. A fourth factor, the person's preferences, played a complex and more limited role. CONCLUSIONS: Many changes have yet to be made to fully apply the support paradigm in Israel, since social workers still tend to base their recommendations on factors not fully aligned with the CRPD. Blackwell Publishing Ltd 2022-02-10 2022-05 /pmc/articles/PMC9305968/ /pubmed/35146852 http://dx.doi.org/10.1111/jar.12986 Text en © 2022 The Authors. Journal of Applied Research in Intellectual Disabilities published by John Wiley & Sons Ltd. https://creativecommons.org/licenses/by/4.0/This is an open access article under the terms of the http://creativecommons.org/licenses/by/4.0/ (https://creativecommons.org/licenses/by/4.0/) License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.
spellingShingle Original Articles
Holler, Roni
Werner, Shirli
Between the convention and conventional practice: Israeli social workers' recommendations regarding the legal capacity of people with disabilities
title Between the convention and conventional practice: Israeli social workers' recommendations regarding the legal capacity of people with disabilities
title_full Between the convention and conventional practice: Israeli social workers' recommendations regarding the legal capacity of people with disabilities
title_fullStr Between the convention and conventional practice: Israeli social workers' recommendations regarding the legal capacity of people with disabilities
title_full_unstemmed Between the convention and conventional practice: Israeli social workers' recommendations regarding the legal capacity of people with disabilities
title_short Between the convention and conventional practice: Israeli social workers' recommendations regarding the legal capacity of people with disabilities
title_sort between the convention and conventional practice: israeli social workers' recommendations regarding the legal capacity of people with disabilities
topic Original Articles
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9305968/
https://www.ncbi.nlm.nih.gov/pubmed/35146852
http://dx.doi.org/10.1111/jar.12986
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