and supported decision-making†††). Disabled people report being protected against making independent decisions, such as trying something new or doing something differently, that others feel may put them at risk. Inhibiting the possibilities for persons with disabilities to make a mistake, to take a risk, is part of a larger pattern that contributes to a sense of lacking possibilities, of being violated in one’s opportunities. As Pat Deegan observes, “the right to make a mistake” is part of a human being’s dignity; there is something akin to the “dignity of risk”.198 In the context of Te Tiriti and human rights this word takes a positive meaning of active protection, generally referring to Government obligations to protect the mana of people, access to (for example) equality of services, resources and participation, and to ensure Māori rights as outlined in Te Tiriti o Waitangi. When talking about violence against disabled women WWDA talk about the concept of protection as rights rather than paternalism: … protect their [women and girls] rights to live free from violence, abuse, exploitation and neglect.199 Safeguarding adults at risk: Safeguarding means protecting a person’s right to live in safety, free from abuse and neglect. It is a range of activities and responses that promote and protect human rights, health, wellbeing and culture, and prevent or reduce harm, abuse and neglect. This includes family and sexual violence. Safeguarding is a continuum from promoting wellbeing to protecting people from harm. It includes preventative measures such as building a person’s capacity and capability to safeguard ††† themselves from harm, to, on the other end of the spectrum, a coordinated interagency safeguarding adults’ response (SAFA) to a situation of harm, abuse or neglect, or the risk of it.200 It is about communities, organisations and government working together to prevent violence occurring and respond constructively when it does. This includes ensuring that every person’s views, wishes and preferences are respected so that the person remains in control of the decision-making about their life and support. Social model of disability: The language used in this report reflects a social model of disability. This model is one in which disability is understood as an interaction between people with impairments (physical, psychosocial, intellectual or sensory) and society. People are disabled, not by their impairment, but by environmental and attitudinal barriers within society that limit their full and effective participation. This is in comparison to a medical model construction of disability. This says that disability is about deficit – it is a medical problem that requires medication/treatment/ fixing of the person and sites the responsibility for the problem within the person. This conceptualisation of disability often results in people’s choices being controlled and constrained. The social model sites the problem – the disabling – in society and identifies that it is inaccessible environments and processes that require remediation and fixing – not people. This model is evolving, and with the ratification of the UNCRPD there is now a strong focus on rights – civil, political, economic, social and cultural.201 C. Respecting personal autonomy and integrity 65. States have an obligation to review their legal and policy frameworks and repeal all laws, regulations, customs and practices that discriminate against persons with disabilities in the context of medical or scientific procedures, research and experimentation. Legislation must expressly recognize the right of persons with disabilities to provide their free and informed consent in such circumstances. Substitute decision-making regimes for medical or scientific experimentation must be immediately repealed. Supported decision-making schemes must be subjected to an appropriate framework of safeguards to ensure respect for the rights, will and preferences of individuals in the provision of support and protect them from conflicts of interest, undue influence and abuse (see A/HRC/37/56). Respect for autonomy and self-determination, including in situations which may not align with clinical best interests, is central to protecting the integrity of persons with disabilities on an equal basis with others. Page 15, A/HRC/43/41 Human Rights Council Forty-third session Rights of persons with disabilities Report of the Special Rapporteur on the rights of persons with disabilities. 64 Human Rights Commission