Prof Jill Stavert J.Stavert@napier.ac.uk
Professor
The CRPD and Mental Health Law Reform in Scotland
Stavert, Jill
Authors
Abstract
Scotland's mental health and capacity legislation and its implementation is underpinned by European Convention on Human Rights (ECHR) informed principles, and such legislation and its implementation has remained largely ECHR compliant. It is designed to protect individuals' autonomy from inappropriate and disproportionate nonconsensual intrusions but its scope is largely limited to this. However, since the legislation was enacted at the start of the twenty first century the UK subsequently ratified the UN Convention on the Rights of Persons with Disabilities (CRPD) which requires the law and related practice to focus on giving effect to all the rights of persons with mental disabilities (people living with psychosocial, cognitive and intellectual disabilities) on an equal basis with others and to actively support such equality in rights enjoyment. The Terms of Reference of the independent Scottish Mental Health Law Review (2019–2022) included considering and making recommendations to align Scotland's mental health and capacity legislation with the CRPD. After engaging widely with stakeholders its recommendations sought to strengthen the voice of persons who use services and of those who care for them, reduce the need for nonconsensual measures and secure rights to the help and support necessary to live a good life. In order to achieve this, it recommended, amongst other things, a refocusing on mental health and capacity law together with a Human Rights Enablement, Supported Decision Making and Autonomous Decision Making framework.
Citation
Stavert, J. (2024). The CRPD and Mental Health Law Reform in Scotland. International Journal of Law and Psychiatry, 94, Article 101991. https://doi.org/10.1016/j.ijlp.2024.101991
Journal Article Type | Article |
---|---|
Acceptance Date | Apr 22, 2024 |
Online Publication Date | Apr 24, 2024 |
Publication Date | 2024 |
Deposit Date | Apr 22, 2024 |
Publicly Available Date | Apr 25, 2026 |
Print ISSN | 0160-2527 |
Publisher | Elsevier |
Peer Reviewed | Peer Reviewed |
Volume | 94 |
Article Number | 101991 |
DOI | https://doi.org/10.1016/j.ijlp.2024.101991 |
Keywords | CRPD, Mental health and mental capacity law, Law reform, Scotland |
Public URL | http://researchrepository.napier.ac.uk/Output/3597860 |
Files
This file is under embargo until Apr 25, 2026 due to copyright reasons.
Contact repository@napier.ac.uk to request a copy for personal use.
You might also like
People with Learning Disability: Scotland and Beyond
(2023)
Book Chapter
Promoting human rights in mental healthcare: beyond the ‘Geneva impasse’
(2023)
Journal Article
Downloadable Citations
About Edinburgh Napier Research Repository
Administrator e-mail: repository@napier.ac.uk
This application uses the following open-source libraries:
SheetJS Community Edition
Apache License Version 2.0 (http://www.apache.org/licenses/)
PDF.js
Apache License Version 2.0 (http://www.apache.org/licenses/)
Font Awesome
SIL OFL 1.1 (http://scripts.sil.org/OFL)
MIT License (http://opensource.org/licenses/mit-license.html)
CC BY 3.0 ( http://creativecommons.org/licenses/by/3.0/)
Powered by Worktribe © 2025
Advanced Search