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Outputs (67)

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.

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?.

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.

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.

Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland (2018)
Journal Article
Stavert, J. (2018). Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland. Laws, 7(3), Article 26. https://doi.org/10.3390/laws7030026

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) highlights the need to actively remove obstacles to, and promote, the full and equal enjoyment of human rights by persons with disabilities. This is challenging us to rev... Read More about Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland.

Employer Responses to Dementia in the Workplace in Scotland (2018)
Report
Stavert, J., Egdell, V., Ritchie, L., Danson, M., Cook, M., & Tolson, D. (2018). Employer Responses to Dementia in the Workplace in Scotland. Scotland: Edinburgh Napier University

The reported study investigated how Scottish-based employers from different sectors respond to staff with dementia. Dementia is, and will increasingly be, a workplace issue as populations’ age, working lives extend and there is better recognition of... Read More about Employer Responses to Dementia in the Workplace in Scotland.

Mental Health Law in a Global Context (2017)
Book Chapter
Stavert, J. (2017). Mental Health Law in a Global Context. In The Palgrave Handbook of Sociocultural Perspectives on Global Mental Health, (329-349). Palgrave Macmillan

No abstract available.

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.

Still resolving the deprivation of liberty challenge in Scotland? (2017)
Presentation / Conference Contribution
Stavert, J. (2017, July). Still resolving the deprivation of liberty challenge in Scotland?. Paper presented at International Academy of Law and Mental Health International Congress, Prague

No abstract available.

Employer Responses to Dementia in the Workplace in Scotland (2017)
Presentation / Conference Contribution
Egdell, V., Stavert, J., Ritchie, L., Tolson, D., Danson, M., & Cook, M. (2017, July). Employer Responses to Dementia in the Workplace in Scotland. Paper presented at British Society of Gerontology Annual Conference 2017

The prevalence of dementia in the UK is increasing with over 800,000 people currently affected. Of this number in excess of 40,000 are aged under 65 years suggesting that a significant number of individuals below state pension age may be experiencing... Read More about Employer Responses to Dementia in the Workplace in Scotland.

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.

Scotland's Mental Health and Capacity Law: A Case for Reform (2017)
Report
Stavert, J., & McKay, C. (2017). Scotland's Mental Health and Capacity Law: A Case for Reform. Edinburgh: Mental Welfare Commission for Scotland

Report of joint Mental Welfare Commission for Scotland and Centre for Mental Health and Capacity Law law reform scoping exercise.

Supported Decision-Making: Good Practice Guide (2016)
Report
Stavert, J. (2016). Supported Decision-Making: Good Practice Guide. Mental Welfare Commission for Scotland

Supported decision-making maximizes an individual's ability to ensure that their rights, will and preferences are at the centre of all decisions that concern them...

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..

Access to equal recognition before the law for persons with mental disabilities through supported decision-making in Scotland. (2015)
Presentation / Conference Contribution
Stavert, J., & McGregor, R. (2015, April). Access to equal recognition before the law for persons with mental disabilities through supported decision-making in Scotland. Paper presented at Commonwealth Law Legal Education 2015 Conference

Equal recognition before the law of persons with mental disabilities, as identified as a right in Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), has the potential to reshape mental health and incapacity laws nation... Read More about Access to equal recognition before the law for persons with mental disabilities through supported decision-making in Scotland..

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.

Accessing and maintaining legal representation for persons with mental disorder (2010)
Journal Article
Stavert, J. (2010). Accessing and maintaining legal representation for persons with mental disorder. SCOLAG : Scottish Legal Action Group bulletin, 393, 143

It is vital that a person with mental disorder has equal access to the law without discrimination, whether or not they have capacity. This article examines issues relating to mental disordered persons and legal service provision. In particular it con... Read More about Accessing and maintaining legal representation for persons with mental disorder.

United Nations Convention on the Rights of Persons with Disabilities: Possible implications for Scotland for persons with mental disorder (2009)
Journal Article
Stavert, J. (2009). United Nations Convention on the Rights of Persons with Disabilities: Possible implications for Scotland for persons with mental disorder. Green's Scottish Human Rights Journal, 47, 2

The UN Convention on the Rights of Persons with Dis­abilities ("CRPD") and its Optional Protocol1 came into force on May 3,2008 and the UK government ratified them on June 8, 2009 and August 7, 2009 respectively This fol­lowed a lengthy drafting proc... Read More about United Nations Convention on the Rights of Persons with Disabilities: Possible implications for Scotland for persons with mental disorder.

From avoidance to acceptance: Mental health and the role of human rights in Europe. (2007)
Journal Article
Stavert, J. (2007). From avoidance to acceptance: Mental health and the role of human rights in Europe. SCOLAG : Scottish Legal Action Group bulletin, 356, 119-125

Jill Stavert, Lecturer in law at Napier University, reviews the treatment of mental health as a social and political issue and identified challenges still to be met.

Project briefing paper: Support for the Exercise of Legal Capacity
Report
Stavert, J., & McGregor, R. Project briefing paper: Support for the Exercise of Legal Capacity. Essex Autonomy Project

This briefing paper was produced for the Three Jurisdictions Project Roundtable Meeting held on 2 February 2016. It considers support for the exercise of legal capacity. Available at: https://autonomy.essex.ac.uk/wp-content/uploads/2016/11/ThreeJu... Read More about Project briefing paper: Support for the Exercise of Legal Capacity.

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

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