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Valuing people through law: whatever happened to Marion?

Jones, Melinda, Marks Lee, Ann,

Academic Literature


People with disability are amongst the most disempowered members of our community. This article seeks to explore the High Court's decision in Marion's case which leant support to the rights of people with disability to be included in the community. Marion's case, which was concerned with the sterilisation of a young woman with an intellectual disability, is examined for its contribution to the legal system 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.

Publication information

Journal/Publication : Law in Context

Location : Australasia

Domain/s: Health and wellbeing, Sector development and sustainability

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