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Outputs (40)

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.

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).

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: 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.

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.

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.

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.