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

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Abstract

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.

Original languageAmerican English
Pages (from-to)826-833
Number of pages8
JournalJournal of Applied Research in Intellectual Disabilities
Volume35
Issue number3
DOIs
StatePublished - May 2022

Keywords

  • Israel
  • convention on the rights of persons with disabilities (CRPD)
  • guardianship
  • legal capacity
  • supported decision-making (SDM)

All Science Journal Classification (ASJC) codes

  • Education
  • Developmental and Educational Psychology

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