Implementing a Participatory Human Rights-Based Research Methodology: The Unfitness to Plead Project. (22nd December 2019)

• Record Type: Journal Article
• Authors: Arstein-Kerslake, Anna; Gooding, Piers; Mercer, Sarah; Raymond, Marlena; McSherry, Bernadette
• Is Part Of: Journal of human rights practice. Volume 11:Number 3(2019:Nov.)
• Page Start: 589
• Page End: 606
• Publication Date: 2019-12-22
• Subjects: disability research -- emancipatory research -- human rights-based research -- participatory research -- unfitness to plead; Human rights -- Periodicals; 341.4805
• DOI: 10.1093/jhuman/huz034
• Languages: English
• ISSNs: 1757-9619

Abstract

Abstract: This article describes a novel action-research methodology that combines aspects of participatory methods and emancipatory principles into a human rights-based framework. The history of these different methods is discussed and the authors then explain how the methods can be combined to create a participatory human rights-based research methodology. This new methodology has the potential for high social impact, community inclusion, and scholarly output. The article also describes the implementation of the methodology on a project which analysed the human rights compliance of unfitness to plead laws in the Australian criminal justice system. This project developed a system of support persons within community legal centres across Australia in order to build an evidence-base for good practice in supporting people with cognitive disability who are charged with a crime. The new participatory human rights-based methodology was successful on this project and is replicable in future human rights research.