The CRPD and Mental Health Law Reform in Scotland
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...
People with Learning Disability: Scotland and Beyond
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...
Research Report for COVID-19 Public Inquiry
Report
This report was commissioned by the Scottish Covid-19 Inquiry as introductory scoping research.
Scottish Mental Health Law Review: Final Report
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 d...
The Mental Health Tribunal for Scotland: the views and experiences of Patients, Named Persons, Practitioners and Mental Health Tribunal for Scotland members
Report
Stavert, J., Brown, M. J., & McDonald, A. (2022)
The Mental Health Tribunal for Scotland: the views and experiences of Patients, Named Persons, Practitioners and Mental Health Tribunal for Scotland members. Nuffield Foundation
Adapting or Discarding the Status Quo? Supporting the Exercise of Legal Capacity in Scottish Law and Practice
Book Chapter
Stavert, J. (2022)
Adapting or Discarding the Status Quo? Supporting the Exercise of Legal Capacity in Scottish Law and Practice. In M. Donnelly, R. Harding, & E. Tascioglu (Eds.), Supporting Legal Capacity in Socio-Legal Context. Hart Publishing
The Potential of Friendship: A Case for Social Resilience and New Care Optics
Journal Article
Kulpa, R., & Ludwin, K. (2021)
The Potential of Friendship: A Case for Social Resilience and New Care Optics. interalia: a journal of queer studies, 16, 82-94. https://doi.org/10.51897/interalia/rgrq6813
In this article, we call for greater recognition of friendship as a basic social relation that should play a pivotal role in re-imagining social resilience if it is to be futu...
Supported Decision-Making and Paradigm Shifts: Word Play or Real Change?
Journal Article
Stavert, J. (2021)
Supported Decision-Making and Paradigm Shifts: Word Play or Real Change?. Frontiers in Psychiatry, 11, 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...
Mental health advance statements: crossing the divide from clinical to law enforcement settings
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 o...
Scottish mental health and capacity law: The normal, pandemic and ‘new normal’
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 resou...