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Outputs (34)

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?.

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.

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.

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.

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?.

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.

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, Article 101593. 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. https://doi.org/10.1111/hsc.12749

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.