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All Outputs (27)

The CRPD and Mental Health Law Reform in Scotland (2024)
Journal Article
Stavert, J. (in press). The CRPD and Mental Health Law Reform in Scotland. International Journal of Law and Psychiatry, https://doi.org/10.1016/j.ijlp.2024.101991

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... Read More about The CRPD and Mental Health Law Reform in Scotland.

Scottish COVID-19 Inquiry Research: Update of Health and Social Care research covering the period February 2022 to 31 December 2022 (2023)
Report
McKay, C., Stavert, J., McKay, E., King, M., & Zarins, A. Scottish COVID-19 Inquiry Research: Update of Health and Social Care research covering the period February 2022 to 31 December 2022. Scottish COVID-19 Public Inquiry

Report commissioned by Scottish COVID-19 Public Inquiry to update previous research into strategic response of Scottish Government to COVID pandemic in relation to health and social care, particularly care and nursing homes, the provision of health a... Read More about Scottish COVID-19 Inquiry Research: Update of Health and Social Care research covering the period February 2022 to 31 December 2022.

People with Learning Disability: Scotland and Beyond (2023)
Book Chapter
Stavert, J. (2023). People with Learning Disability: Scotland and Beyond. In B. D. Kelly, & M. Donnelly (Eds.), Routledge Handbook of Mental Health Law (166-178). Routledge. https://doi.org/10.4324/9781003226413

‘Learning disability’ is currently included in the statutory definition of ‘mental disorder’ used by Scottish capacity and mental health legislation, along with mental illness and personality disorder. This raises the general Convention on the Rights... Read More about People with Learning Disability: Scotland and Beyond.

Promoting human rights in mental healthcare: beyond the ‘Geneva impasse’ (2023)
Journal Article
Stavert, J., & Szmukler, G. (2023). Promoting human rights in mental healthcare: beyond the ‘Geneva impasse’. BJPsych Open, 9(5), Article e155. https://doi.org/10.1192/bjo.2023.546

The past decade has seen a significant growth in attention to the human rights of persons with disabilities, taken to include mental health conditions. Consequently, challenges to important areas of current psychiatric practice have emerged, with whi... Read More about Promoting human rights in mental healthcare: beyond the ‘Geneva impasse’.

Accelerating the development of a psychological intervention to restore treatment decision-making capacity in patients with schizophrenia-spectrum disorder: a study protocol for a multi-site, assessor-blinded, pilot Umbrella trial (the DEC:IDES trial) (2023)
Journal Article
Hutton, P., Kelly, J., Taylor, C. D., Williams, B., Emsley, R., Alexander, C. H., …Woodrow, A. (2023). Accelerating the development of a psychological intervention to restore treatment decision-making capacity in patients with schizophrenia-spectrum dis

Background: A high proportion of patients diagnosed with schizophrenia-spectrum disorders will at some point in their lives be assessed as not having the capacity to make their own decisions about pharmacological treatment or inpatient care (‘capaci... Read More about Accelerating the development of a psychological intervention to restore treatment decision-making capacity in patients with schizophrenia-spectrum disorder: a study protocol for a multi-site, assessor-blinded, pilot Umbrella trial (the DEC:IDES trial).

Mental Capacity Regimes Approach to Values and Participation in Proceedings Involving Individuals With Impaired Decision-Making Capacity in Scotland (2023)
Book Chapter
Stavert, J. (2023). Mental Capacity Regimes Approach to Values and Participation in Proceedings Involving Individuals With Impaired Decision-Making Capacity in Scotland. In C. Kong, J. Coggon, P. Cooper, M. Dunn, & A. Ruck Keene (Eds.), Capacity, Particip

Chapter in 'Capacity, Participation and Values in Comparative Legal Perspective' edited by Camillia Kong, John Coggon, Penny Cooper, Michael Dunn and Alex Ruck Keene

Research Report for COVID-19 Public Inquiry (2022)
Report
McKay, C., McKay, E., Stavert, J., Murray, J., Johnston, L., & Macdonald, A. (2022). Research Report for COVID-19 Public Inquiry. Scottish Covid-19 Inquiry

This report was commissioned by the Scottish Covid-19 Inquiry as introductory scoping research.

Scottish Mental Health Law Review: Final Report (2022)
Report
McKay, C., Stavert, J., Scott, J., Martin, K., Rankin, A., & Morgan, G. (2022). Scottish Mental Health Law Review: Final Report. Scottish Government

Report commissioned by Scottish Ministers to review Scottish mental health, capacity and adult protection law, to improve the rights and protections of persons with a mental disorder and remove barriers to those caring for their health and welfare.

Supported Decision-Making and Paradigm Shifts: Word Play or Real Change? (2021)
Journal Article
Stavert, J. (2021). Supported Decision-Making and Paradigm Shifts: Word Play or Real Change?. Frontiers in Psychiatry, 11, Article 571005. https://doi.org/10.3389/fpsyt.2020.571005

Article 12(3) CRPD requires states parties to provide access by persons with disabilities to the support they may require in exercising their legal capacity. This is to ensure that the rights, will and preferences of persons with disabilities are enj... Read More about Supported Decision-Making and Paradigm Shifts: Word Play or Real Change?.

Dementia, Work and Employability: Using the Capability Approach to Understand the Employability Potential for People Living with Dementia (2020)
Journal Article
Ritchie, L., Egdell, V., Danson, M., Cook, M., Stavert, J., & Tolson, D. (2022). Dementia, Work and Employability: Using the Capability Approach to Understand the Employability Potential for People Living with Dementia. Work, Employment and Society, 36(4)

The importance of remaining in, or re-entering, the labour market is emphasised by governments internationally. While this may bring benefits, progressive disabilities such as dementia affect an individual’s employability. Although employers have leg... Read More about Dementia, Work and Employability: Using the Capability Approach to Understand the Employability Potential for People Living with Dementia.

Mental health advance statements: crossing the divide from clinical to law enforcement settings (2020)
Journal Article
Stavert, J. (2021). Mental health advance statements: crossing the divide from clinical to law enforcement settings. Journal of Psychiatric and Mental Health Nursing, 28(1), 102-106. https://doi.org/10.1111/jpm.12695

It is clear that police in many jurisdictions are increasingly being called out to situations involving persons with mental distress. In Scotland, for example, notifications of Place of Safety Orders to the Mental Welfare Commission for Scotland incr... Read More about Mental health advance statements: crossing the divide from clinical to law enforcement settings.

Respecting the autonomy of the living and dying (2020)
Journal Article
Stavert, J. (2020). Respecting the autonomy of the living and dying. Journal of Integrated Care, 28(4), 379-385. https://doi.org/10.1108/JICA-06-2020-0038

Purpose To inform those who are supporting persons who are dying and are responsible for planning, commissioning or delivering palliative care about the need to support and maximise the decision-making ability and choices of persons with advanced de... Read More about Respecting the autonomy of the living and dying.

Scottish Mental Health and Capacity Law: Replacing the Old with the New or the Old in Policy, Law and Practice? (2020)
Book Chapter
Stavert, J. (2020). Scottish Mental Health and Capacity Law: Replacing the Old with the New or the Old in Policy, Law and Practice?. In C. Spivakovsky, L. Steele, & P. Weller (Eds.), The Legacies of Institutionalisation: Disability, Law and Policy in the

When enacted Scottish capacity and mental health legislation was internationally regarded as world leading in terms of presenting human rights-based approaches to interventions. The United Nations Convention on the Rights of Persons with Disabilitie... Read More about Scottish Mental Health and Capacity Law: Replacing the Old with the New or the Old in Policy, Law and Practice?.

Scottish mental health and capacity law: The normal, pandemic and ‘new normal’ (2020)
Journal Article
Stavert, J., & McKay, C. (2020). Scottish mental health and capacity law: The normal, pandemic and ‘new normal’. International Journal of Law and Psychiatry, 71, https://doi.org/10.1016/j.ijlp.2020.101593

A state’s real commitment to its international human rights obligations is never more challenged than when it faces emergency situations. Addressing actual and potential resourcing pressures arising from the COVID-19 pandemic has resulted in, amongst... Read More about Scottish mental health and capacity law: The normal, pandemic and ‘new normal’.

Dementia in the workplace: are employers supporting employees living with dementia? (2019)
Journal Article
Egdell, V., Cook, M., Stavert, J., Ritchie, L., Tolson, D., & Danson, M. (2021). Dementia in the workplace: are employers supporting employees living with dementia?. Aging & mental health, 25(1), 134-141. https://doi.org/10.1080/13607863.2019.1667299

Objectives As working lives extend and there is better recognition of early-onset dementias, employers need to consider dementia as a workplace concern. With suitable support, people living with dementia can continue employment – although this is no... Read More about Dementia in the workplace: are employers supporting employees living with dementia?.

Mental Health Act review in Scotland: some initial observations (2019)
Report
Stavert, J. (2019). Mental Health Act review in Scotland: some initial observations. Essex Chambers

Provides some initial observations on and recommendations for the scope of the forthcoming review of the Mental Health (Care and Treatment)(Scotland) Act 2003, with particular emphasis on what this will require in ECHR and CRPD terms.

Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature (2019)
Journal Article
Macgregor, A., Brown, M., & Stavert, J. (2019). Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature. Health and Social Care in the Community, 27(4), e494-e513.

Mental health tribunals are responsible for making decisions about compulsory treatment for individuals considered a risk to themselves and others due to mental disorder. They are generally designed to provide safeguards for individuals subject to co... Read More about Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature.