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...
Extending the judicial checklist in Scottish family court cases: an exercise of caution or a missed opportunity?
Journal Article
Barnes Macfarlane, L. (2022)
Extending the judicial checklist in Scottish family court cases: an exercise of caution or a missed opportunity?. Edinburgh Law Review, 26(1), 107-112. https://doi.org/10.3366/elr.2022.0743
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...
Out of the mouths of babes: listening to children of all ages in family court cases
Journal Article
Barnes Macfarlane, L. (2021)
Out of the mouths of babes: listening to children of all ages in family court cases. The Journal of the Law Society of Scotland,
Critical overview of amendments made by the Children (S) Act 2020 to cases brought under Part 1 of the Children (S) Act 1995 (e.g. contact/residence disputes). These amendment...
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...
"We are 'free range' prison officers", the experiences of Scottish Prison Service (SPS) Throughcare Support Officers (TSOs) working in custody and the community
Journal Article
Maycock, M., McGuckin, K., & Morrison, K. (2020)
"We are 'free range' prison officers", the experiences of Scottish Prison Service (SPS) Throughcare Support Officers (TSOs) working in custody and the community. Probation Journal, 67(4), 358-374. https://doi.org/10.1177/0264550520954898
Between 2015 and 2019, forty-one Throughcare Support Officers (TSOs) supported people serving short sentences leaving custody across eleven Scottish Prison Service (SPS) estab...
Respecting the autonomy of the living and dying
Journal Article
Stavert, J. (2020)
Respecting the autonomy of the living and dying. Journal of Integrated Care, 28(4), 379-385. https://doi.org/10.1108/JICA-06-2020-0038
Purpose
To inform those who are supporting persons who are dying and are responsible for planning, commissioning or delivering palliative care about the need to support and ma...
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...
The Paradox Of Scottish Life Imprisonment
Journal Article
Van Zyl Smit, D., & Morrison, K. (2020)
The Paradox Of Scottish Life Imprisonment. European Journal of Crime, Criminal Law and Criminal Justice, 28(1), 76-102. https://doi.org/10.1163/15718174-02801004
More people are serving life sentences in Scotland as a proportion of the national population than in any other country in Europe. Yet Scotland claims to adopt a welfarist rat...