Journal article

From punishment to protection: Containing and controlling the lives of people with disabilities in human rights

Claire Spivakovsky

PUNISHMENT & SOCIETY-INTERNATIONAL JOURNAL OF PENOLOGY | SAGE PUBLICATIONS LTD | Published : 2014

Abstract

In the last decade, criminology has begun to raise concerns about people with disabilities’ problematic relationship with criminal justice systems. Yet we have ignored their problematic relationship with civil justice systems; a relationship which has seen people with disabilities subject to a range of punitive civil controls in the wake of their deinstitutionalisation. This article draws attention to one such punitive civil control, the Supervised Treatment Order regime in the Australian state of Victoria. Drawing on Foucault and his interlocutors’ work on ‘governmentality’, and engaging with Cohen’s concept of ‘magical legalisms’, the article reveals how this civil regime has become an eff..

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