Outputs (6)

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