Substituted decision makers and the interaction between the Adults with Incapacity (Scotland) Act 2000 and Mental Health (Care and Treatment)(Scotland) Act 2003
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...
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,...
Mental Health Act review in Scotland: some initial observations
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...
Access to equal recognition before the law for persons with mental disabilities through supported decision-making in Scotland.
Presentation / Conference
Stavert, J., & McGregor, R. (2015, April)
Access to equal recognition before the law for persons with mental disabilities through supported decision-making in Scotland. Paper presented at Commonwealth Law Legal Education 2015 Conference
Equal recognition before the law of persons with mental disabilities, as identified as a right in Article 12 of the UN Convention on the Rights of Persons with Disabilities (C...
Accessing and maintaining legal representation for persons with mental disorder
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 ...
Employer Responses to Dementia in the Workplace in Scotland
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...
Mental health, incapacity and the law in Scotland.
Book
Stavert, J., & Patrick, H. (2016)
Mental health, incapacity and the law in Scotland. Bloomsbury Publishing
This highly regarded book is a comprehensive and up to date guide to mental health law in Scotland. Every aspect of mental health law is explained, including tribunal procedur...
The exercise of legal capacity, supported decision- making and Scotland’s mental health and incapacity legislation: working with CRPD challenges.
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 Com...
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...
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 ...