Abstract:

Is the law regarding disability services lagging behind philosophical and constitutional advances made in this area? What should be done to balance the rights of people with disabilities to make lifestyle decisions with the rights of service-providers' duty to care for people with disabilities? The author addresses these questions, argues that the current state of the law of negligence does not facilitate the implementation of the principles and objectives of the Disability Services Act, especially in respect of accommodation services, and recommends ways of ensuring a 'duty of care' to people with disabilities.