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Outputs (40)

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.