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17 Law Context: A Socio-Legal J. 147 (2000)
Valuing People through Law - Whatever Happened to Marion

handle is hein.journals/lwincntx17 and id is 350 raw text is: Valuing People Through Law - Whatever Happened to Marion? Melinda Jones and Lee Ann Basser Marks * The role of judicial decision-making in informing, reflecting and changing values in the community is examined through an assessment of the law governing medical treatment. The High Court decision in Marion's case leant support to the rights of people with disabilities to be included in the community and has assumed a symbolic importance for people with disabilities similar to that of the Mabo decision for indigenous people. Marion's case, which was concerned with the sterilisation of a young woman with an intellectual disability, is examined for its contribution to the jurisprudence relating to children's rights, competence, the rules of consent, bodily integrity and the promotion of rights over welfare. It is argued that, despite the fact that subsequent judicial decisions and social practices have failed to give full effect to the promise of Marion's case, the articulation of the principle of inclusion by the High Court is of great significance. People with disabilities are amongst the most disempowered and underprivileged members of our community. They have been viewed as abnormal, dependent, irrational, deserving of pity and in need of welfare and care. Rarely are people with disabilities considered to be individuals entitled to the same rights and opportunities as all other members of the society. Having a disability inherently involves a limitation on some aspect of life. Yet people with disabilities are as entitled as all other members of the community to have a fulfilling and satisfying life. Given that disability impacts upon almost everybody in Australia it is curious that there has been so little demand for the rights of people with disabilities. According to the Australian Bureau of Statistics at least 19 per cent (some 3.6 million) of the Australian population are people with disabilities (ABS, 1998). With an ageing population, the incidence of disability is very likely to increase. The vast majority of those with a disability (87 per cent) experience specific restrictions in core activities of their lives, including work and school. Disability impairs not only the body, but also impacts upon personal identity, defined in terms of activities and participation in the life of the community. In this context, equality requires that focus not only be

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