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Prof Jill Stavert's Outputs (77)

Human rights and psychiatric practice in relation to involuntary treatment of young people in Europe (2025)
Presentation / Conference Contribution
Stavert, J., Malmendier-Muehlschegel, A., & Schulze, U. (2025, June). Human rights and psychiatric practice in relation to involuntary treatment of young people in Europe. Presented at ESCAP 2025: 21st International Congress of the European Society for Child and Adolescent Psychiatry, Strasbourg

Aims: International human rights treaties emphasize autonomy and reducing or eliminating psychiatric coercion making which can conflict with involuntary psychiatric treatment. The aim of our workshop is to facilitate a discussion between mental healt... Read More about Human rights and psychiatric practice in relation to involuntary treatment of young people in Europe.

Scotland, the Convention on the Rights of Persons with Disabilities and repurposing of mental health and capacity law (2025)
Journal Article
Stavert, J., & McKay, C. (2025). Scotland, the Convention on the Rights of Persons with Disabilities and repurposing of mental health and capacity law. Human Rights Law Review, 25(2), Article ngaf008. https://doi.org/10.1093/hrlr/ngaf008

The Convention on the Rights of Persons with Disabilities (CRPD) requires a reconceptualised approach to rights enjoyment by persons with mental disabilities promoting equality through support, institutional and environmental adjustments, and envisag... Read More about Scotland, the Convention on the Rights of Persons with Disabilities and repurposing of mental health and capacity law.

Towards a human-rights-based framework for assessing psychiatric intervention for children and young people (2025)
Journal Article
Stavert, J., Watts, J., Schulze, U. M. E., & Malmendier-Muehlschegel, A. (2025). Towards a human-rights-based framework for assessing psychiatric intervention for children and young people. BJPsych Open, 11(2), Article e50. https://doi.org/10.1192/bjo.2024.856

Decisions around psychiatric interventions for children and young people involve balancing respect for the child’s wishes, the need to provide benefit and relevant risk factors. We recommend establishing a framework for assessment of interventions fo... Read More about Towards a human-rights-based framework for assessing psychiatric intervention for children and young people.

Capacity and incapacity: an appropriate border for non-consensual interventions? (2024)
Journal Article
Stavert, J. (2025). Capacity and incapacity: an appropriate border for non-consensual interventions?. International Journal of Law and Psychiatry, 98, Article 102042. https://doi.org/10.1016/j.ijlp.2024.102042

Those who support decision-making capacity as a criterion for non-consensual interventions for persons with mental disabilities (mental illness, learning disability, neurodivergence, acquired brain injury and dementia) argue that it creates parity be... Read More about Capacity and incapacity: an appropriate border for non-consensual interventions?.

Unified Mental Health and Capacity Law: Creating Parity and Non-Discrimination? (2024)
Presentation / Conference Contribution
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

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.... Read More about Unified Mental Health and Capacity Law: Creating Parity and Non-Discrimination?.

A New Legal Framework – Autonomous Decision Making, Human Rights Enablement and Support For Decision Making (2024)
Presentation / Conference Contribution
Stavert, J. (2024, July). A New Legal Framework – Autonomous Decision Making, Human Rights Enablement and Support For Decision Making. Paper presented at International Academy of Law and Mental Health Congress 2024, Barcelona, Spain

Even so-called human rights-based mental health and capacity legislation has tended to exclusively focus on authorising and regulating non-consensual interventions and pays little or no attention to the wider needs of persons with mental disabilities... Read More about A New Legal Framework – Autonomous Decision Making, Human Rights Enablement and Support For Decision Making.

Scotland: CRPD and Mental Health Legislation (2024)
Book Chapter
Stavert, J. (2024). Scotland: CRPD and Mental Health Legislation. In N. Gill, & N. Sartorius (Eds.), Mental Health and Human Rights: The Challenges of the United Nations Convention on the Rights of Persons with Disabilities to Mental Health Care (153-165). Springer. https://doi.org/10.1007/978-3-031-52179-9_11

The Convention on the Rights of Persons with Disabilities (CRPD) challenges the foundations of mental health legislation. The Committee on the Rights of Persons with Disabilities has stated that non-consensual psychiatric measures reinforce inequalit... Read More about Scotland: CRPD and Mental Health Legislation.

The CRPD and Mental Health Law Reform in Scotland (2024)
Journal Article
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

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.

COVID-19 Public Inquiry: Research Report for Portfolio 3 The Provision of Health and Social Care Services Adult Social Care (2024)
Report
McKay, C., Stavert, J., Johnston, L., Murray, J., Rek, J., Breen, C., Zarins, A., Woodrow, A., Anderson, L., & King, M. (2024). COVID-19 Public Inquiry: Research Report for Portfolio 3 The Provision of Health and Social Care Services Adult Social Care. Scottish COVID-19 Public Inquiry

Report commissioned by Scottish COVID-19 Public Inquiry into the Scottish Government's strategic response to the COVID pandemic in relation to the provision of healthcare services and social care support to adults, excluding residential care

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., Vikram, A., Saddington, D., McCann, A., Burke, J., Eliasson, E., Harper, S., Karatzias, T., Taylor, P. J., Watson, A., Dougall, N., Stavert, J., O’Rourke, S., Glasgow, A., Murphy, R., …Woodrow, A. (2023). 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). Pilot and Feasibility Studies, 9, Article 117. https://doi.org/10.1186/s40814-023-01323-0

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).

What the international human rights treaties actually require of us (2023)
Presentation / Conference Contribution
Stavert, J. (2023, July). What the international human rights treaties actually require of us. Paper presented at UK and Ireland Mental Diversity Law Conference 2023, Nottingham

Across the world mental health and capacity law is often justified on the basis of protecting persons with mental disabilities and wider public safety. In some cases, the use of such laws is rising (Sheridan Rains et al, 2019) and it is becoming incr... Read More about What the international human rights treaties actually require of us.

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, Participation and Values in Comparative Legal Perspective. Bristol University Press

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.