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...
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 ...
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...
United Nations Convention on the Rights of Persons with Disabilities: Possible implications for Scotland for persons with mental disorder
Journal Article
Stavert, J. (2009)
United Nations Convention on the Rights of Persons with Disabilities: Possible implications for Scotland for persons with mental disorder. Green's Scottish Human Rights Journal, 47, 2
The UN Convention on the Rights of Persons with Disabilities ("CRPD") and its Optional Protocol1 came into force on May 3,2008 and the UK government ratified them on June 8, ...
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...
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...
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...
Article 14 ECHR and Glor: taking non-discrimination and disability further
Journal Article
Stavert, J. (2009)
Article 14 ECHR and Glor: taking non-discrimination and disability further. SCOLAG : Scottish Legal Action Group bulletin, 383, 224
The Essex Autonomy Project Three Jurisdictions Report: towards compliance with CRPD Art. 12 in capacity/incapacity legislation across the UK
Report
Martin, W., Michalowski, S., Stavert, J., Ward, A., Ruck Keene, A., Caughey, C., …McGregor, R. (2016)
The Essex Autonomy Project Three Jurisdictions Report: towards compliance with CRPD Art. 12 in capacity/incapacity legislation across the UK. University of Essex - AHRC
Deprivation of liberty and adults with incapacity: A Scottish Perspective
Journal Article
Stavert, J. (2014)
Deprivation of liberty and adults with incapacity: A Scottish Perspective. Mental Capacity Law Newsletter, 41,
No abstract available.