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All Outputs (29)

Domestic legislation and international human rights standards: the case of mental health and incapacity (2017)
Journal Article
Stavert, J., & McGregor, R. (2018). Domestic legislation and international human rights standards: the case of mental health and incapacity. International Journal of Human Rights, 22(1), 70-89. https://doi.org/10.1080/13642987.2017.1390307

The right to health has been somewhat neglected in discussions about human rights at both national and international levels. States are often reluctant to implement socio-economic rights which they consider to be a resourcing issue, rather than a mat... Read More about Domestic legislation and international human rights standards: the case of mental health and incapacity.

The legal implications of dementia in the workplace (2017)
Journal Article
Egdell, V., Stavert, J., & McGregor, R. (2017). The legal implications of dementia in the workplace. Ageing and society, 1-16. https://doi.org/10.1017/S0144686X17000642

Dementia is a growing issue in the United Kingdom (UK) with over 800,000 people affected. Of these people in excess of 40,000 are aged under 65 years. Thus, a significant number of individuals may be experiencing symptoms of dementia while in employm... Read More about The legal implications of dementia in the workplace.

The exercise of legal capacity, supported decision- making and Scotland’s mental health and incapacity legislation: working with CRPD challenges. (2015)
Journal Article
Stavert, J. (2015). The exercise of legal capacity, supported decision- making and Scotland’s mental health and incapacity legislation: working with CRPD challenges. Laws, 4(2), 296-313. https://doi.org/10.3390/laws4020296

Article 12 of the UN Convention on the Rights of Persons with Disabilities, particularly as interpreted in the Committee on the Rights of Persons with Disabilities General Comment No. 1, presents a significant challenge to all jurisdictions that equa... Read More about The exercise of legal capacity, supported decision- making and Scotland’s mental health and incapacity legislation: working with CRPD challenges..

Substituted decision makers and the interaction between the Adults with Incapacity (Scotland) Act 2000 and Mental Health (Care and Treatment)(Scotland) Act 2003 (2014)
Journal Article
Stavert, J. (2014). Substituted decision makers and the interaction between the Adults with Incapacity (Scotland) Act 2000 and Mental Health (Care and Treatment)(Scotland) Act 2003. Mental Capacity Law Newsletter, 42, 29-31

It is sometimes the case that separate pieces of legislation which, in some respects, cover similar issues, produce anomalies. This would appear to be the case with the Adults with Incapacity (Scotland) Act 2000 (‘the 2000 Act’) and the Mental Health... Read More about Substituted decision makers and the interaction between the Adults with Incapacity (Scotland) Act 2000 and Mental Health (Care and Treatment)(Scotland) Act 2003.

'Assisted Suicide (Scotland) Bill' (2014)
Journal Article
Stavert, J. (2014). 'Assisted Suicide (Scotland) Bill'. Mental Capacity Law Newsletter, 41,

No abstract available.

Added Value: Using Human Rights to Support Psychiatric Advance Statements (2013)
Journal Article
Stavert, J. (2013). Added Value: Using Human Rights to Support Psychiatric Advance Statements. Edinburgh Law Review, 17(2), 210-223. https://doi.org/10.3366/elr.2013.0155

Patient autonomy, regarded as a fundamental principle underlying medical ethics,1 is reinforced by numerous international instruments. Integral to this is advance treatment planning, often referred to as ‘advance statements’ or ‘advance directives’.2... Read More about Added Value: Using Human Rights to Support Psychiatric Advance Statements.