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Between the convention and conventional practice: Israeli social workers' recommendations regarding the legal capacity of people with disabilities
Author(s) -
Holler Roni,
Werner Shirli
Publication year - 2022
Publication title -
journal of applied research in intellectual disabilities
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.056
H-Index - 63
eISSN - 1468-3148
pISSN - 1360-2322
DOI - 10.1111/jar.12986
Subject(s) - legal guardian , thematic analysis , convention on the rights of persons with disabilities , convention , social work , public relations , psychology , political science , business , law , qualitative research , sociology , social science
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.