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...
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...
Dementia in the workplace: are employers supporting employees living with dementia?
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,...
Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature
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...
Paradigm Shift or Paradigm Paralysis? National Mental Health and Capacity Law and Implementing the CRPD in Scotland
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), 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 ...
Domestic legislation and international human rights standards: the case of mental health and incapacity
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-econ...
The legal implications of dementia in the workplace
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 numb...