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Author ORCID Identifier

https://orcid.org/0000-0001-7165-8991

Abstract

Policy and legislative discourse in relation to adults with disabilities in Ireland has signalled a move to supporting a human rights-based approach in adult disability services. Legislative changes, in relation to decision making, suggests a changing paradigm in regard to support for adults with disabilities in Ireland; one from supporting their best interests to one that supports their will and preference. Social Care Workers are currently on the threshold of this change. In March 2018, the ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) 2006 brought about legislative changes with the introduction of the Assisted Decision Making (Capacity) Act 2015. This Act replaces the best interests decision making standard with the will and preference principle. This has potential practice implications for Social Care Workers who are bound by their professional code of conduct to always act in the best interests of service users. As a result, Social Care Workers are faced with a potential tension of upholding their own professional duty of care and supporting the will and preference of the people they support. Despite this tension, the move to a human rights-based approach and supporting will and preference has the potential to solidify the view of people with disabilities as rights holders in Irish society. For Social Care Workers more discussion and guidance is needed on how they can navigate the tension of their duty of care and supporting individual autonomy, whilst keeping a human rights-based approach in their practice.

Creative Commons License

Creative Commons Attribution-Share Alike 4.0 International License
This work is licensed under a Creative Commons Attribution-Share Alike 4.0 International License.

DOI

https://doi.org/10.21427/kavf-4p65

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