Prof Jill Stavert J.Stavert@napier.ac.uk
Professor
Prof Jill Stavert J.Stavert@napier.ac.uk
Professor
Professor Colin McKay C.McKay@napier.ac.uk
Professor
It has been argued that a fusion of mental health and capacity law creates parity and respects nondiscrimination. This approach has been adopted in the Mental Capacity Act (Northern Ireland) 2016, although this legislation is not yet fully in force. Separately the WHO and CRPD committee have advocated ending the separate status of mental health law. Across the rest of the UK, the possibility of fusion legislation has recently been considered, although not ultimately recommended by the Wessely Review 2019 (England and Wales) and the Scott Review 2022 (Scotland). Challenges include potential conflicts with ECHR Article 5, the CRPD critique of ‘mental capacity’ and whether a capacity threshold is required for unified mental health and capacity law, a fear of net-widening of coercion, and the interface with the criminal law. This presentation will consider the approach of the Scott Review, why it did not recommend immediate fusion and its proposals for greater alignment of mental health and capacity regimes.
Stavert, J., & McKay, C. (2024, July). Unified Mental Health and Capacity Law: Creating Parity and Non-Discrimination?. Paper presented at International Academy of Law and Mental Health Congress 2024, Barcelona, Spain
Presentation Conference Type | Conference Paper (unpublished) |
---|---|
Conference Name | International Academy of Law and Mental Health Congress 2024 |
Start Date | Jul 22, 2024 |
End Date | Jul 26, 2024 |
Deposit Date | Apr 16, 2025 |
Peer Reviewed | Not Peer Reviewed |
Public URL | http://researchrepository.napier.ac.uk/Output/4241696 |
Capacity and incapacity: an appropriate border for non-consensual interventions?
(2024)
Journal Article
Scotland: CRPD and Mental Health Legislation
(2024)
Book Chapter
The CRPD and Mental Health Law Reform in Scotland
(2024)
Journal Article
About Edinburgh Napier Research Repository
Administrator e-mail: repository@napier.ac.uk
This application uses the following open-source libraries:
Apache License Version 2.0 (http://www.apache.org/licenses/)
Apache License Version 2.0 (http://www.apache.org/licenses/)
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