Jill Stavert

Jill Stavert

Prof Jill Stavert

Professor

Biography

I am a Law Professor situated within our School of Health and Social Care. My areas of research and expertise are international, European and national human rights and mental health and mental capacity law and related law, policy and practice review and reform. I work with a number of public and voluntary sector organisations and bodies and regulatory bodies in the field of mental health, mental capacity and/or human rights. I regularly publish and present at conferences and seminars and am the founder and Director of our Centre for Mental Health and Capacity Law. Recent work has included the impact of COVID-19 and related restrictions on law, policy and practice relating to persons with mental disabilities.

The rights of, and law relating to, persons with mental health and mental capacity do not exist within disciplinary silos and requires a strong inter-disciplinary approach. This is why I am based in the School of Health and Social Care but at the same time have strong links with the Law Subject Group in the Business School and am the Law REF Lead and a council member of the Scottish Universities Law Institute.

I am currently a member of the Scottish Mental Health Law Review (Scott Review) Executive Team and lead the Review's Capacity and Support for Decision-Making workstream. I was previously an expert advisor to the Scottish Independent Review of Learning Disability and Autism in the Mental Health Act and a member of the Deprivation of Liberty and Supported Decision-Making Working Groups in the Scottish Government review of the Adults with Incapacity (Scotland) Act.

I very much welcome enquiries and applications from potential Ph.D candidates relating to my research interests.

Themes

Events

Esteem

Advisory panels and expert committees or witness

  • Scottish Parliament COVID-19 Academic Expert
  • Scrutiny advisory group on (COVID-19) emergency powers relating to Mental Health (Care and Treatment)(Scotland) Act 2003
  • Scottish Government Adults with Incapacity Emergency Legislation Commencement Consideration Group
  • Edinburgh Health and Social Care Partnership Rights Based Care Partnership Group
  • Legal expert to the Independent Review of Learning Disability and Autism in the Mental Health Act
  • Member of Independent Mental Health Law Review Executive Team (the Scott Review)
  • Scottish Government Deprivation of Liberty (Adults with Incapacity (Scotland) Act reform) Working Group
  • Independent Review of learning disability and autism in the Mental Health Act Law and Policy Advisory Group
  • 'The Adults with Incapacity (Scotland) Act 2000: Strategies of Support and Safeguarding' at 'Operationalising Art 12.4 safeguards in the three jurisdictions of the United Kingdon, before the UN Committee on the Rights of Persons with Disabilities, Geneva
  • UK and Ireland Mental Diversity Law Network Organising Committee
  • Organising Committee Uk Disability Law Conference
  • Invited to give evidence, Scottish Parliament Health and Sport Committee
  • Board Member, Scottish Independent Advocacy Alliance
  • Member of Advisory Panel to Alzheimer Scotland for Nuffield Foundation funded project Dementia: autonomy and decision-making. Principles into Practice.
  • Member of South East Scotland Research Ethics Committee 1
  • Member of Scottish Government Mental Health (Scotland) Act 2015 Implementation Steering Group.
  • Member of Research Advisory Group at Scottish Human Rights Commission.
  • Member of National Advisory Committee, Mental Welfare Commission for Scotland
  • Member of Mental Health and Disability Sub-Committee of the Law Society of Scotland
  • Member of Human Rights and Public Policy Committee, Alzheimer Scotland
  • Member of Executive Committee, representing Edinburgh Napier University, of the Scottish Constitutional Futures Forum (a joint initiative between Scottish university Law Schools)

 

Conference Activity

  • Invited participant: ' Supported Decision-Making in Socio-Legal Context' workshop at International Institute for the Sociology of Law, Onati, Spain
  • The Mental Health Tribunal for Scotland: the Views and Experiences of Patients, Named Persons, Practitioners and Tribunal Panel members, IALMH 2019, Rome
  • The Role of Mental Health Tribunals in a CRPD-compliant World, IALMH 2019, Rome
  • Invited participant in Workshop 'Disability and (Virtual) Institutions?: Interventions, Integration and Inclusion', International Institute for the Sociology of Law, Onati, Spain
  • 'Is there a role for supported decision-making in mental health legisaltion', SLSA Annual Conference, Newcastle University
  • 'Support for the exercise of legal capacity in the three jurisdictions of the UK', Three Jurisdictions Project Final Report Launch, Institute of Government, London
  • Invited to deliver workshop 'Application of law, equality and human rights for workers with dementia', STUC/Age Scotland Conference 'Dementia and the Workplace'
  • Inivted paper 'Deprivation of Liberty', LAw Society of Scotland Guardianship and Intervention Conference
  • 'Closing the 'Bournewood Gap' in Scotland? ECHR and UNCRPD Considerations', SLSA Annual Conference, Lancaster University
  • 'Operationalising Arts 12(3) and 12(4) of the UNCRPD: Observations from Scotland', UK Disability Law Conference, Nottingham University
  • ‘The Adults with Incapacity (Scotland) Act 2000: Strategies of Support and Safeguarding’, Operationalising Article 12.4 safeguards in the three jurisdictions of the United Kingdom, UN Committee on the Rights of Persons with Disabilities, Geneva
  • Session organiser, Implementing the UN Convention on the Rights of Persons with Disabilities at National Level, at International Academy of Law and Mental Health Congress, Vienna
  • Chair/discussant (break out session), De facto detention, “National Preventive Mechanism 5 Years On” Conference, (UK-wide bodies inspecting and reporting on detention situations as required by the Optional Protocol to the United Nations Convention Agains
  • Chair at Seminar Borderline Personality Disorder and Self-Harm (considering how public services and professionals can respond more effectively to the issue using a user and rights centred perspective), a joint initiative between Perth and Kinross Council
  • Chair and discussant, Scottish Law Commission Report on Adults with Incapacity, Legal Services Agency Adults with Incapacity Conference
  • Deprivation of liberty, Conference, Queen Mary University of London.

 

Editorial Activity

  • Joint editor and contributor for Scotland, Mental Capacity Law Newsletter
  • Editor, Juridical Review
  • Editor, International Journal of Mental Health and Capacity Law

 

External Examining/Validations

  • Ph.D Examination - Queensland University of Technology
  • Ph.D First Year Examination - University of Cambridge
  • External Examiner, Edinburgh
  • Ph.D Examination - University of Melbourne
  • Ph.D Examination - University of Nottingham
  • External Examiner for Robert Gordon University on LLM programmes.
  • External Examiner LLM Mental Health Law) Northumbria University

 

Invited Speaker

  • Supported decision-making and paradigm shifts: avoiding replacing the old with the old
  • Invited paper, 'UN Convention on the Rights of Persons with Disabilities and its implications for adults with incapacity law', The Future of Guardianship, Legal Services Agency, Glasgow,
  • Invited paper 'The Perimeters of Restriction: Law, Rights and Autonomy in Forensic Mental Health Settings',The Royal College of Psychiatrists in Scotland, Dunblane
  • 'Supporting and extending the exercise of legal capcity', SASW Mental Health Officer Forum Annual Study Day, Perth
  • 'Deprivation of LIberty', Fife Council MHOs Development Day
  • Invited speaker, ‘Decision making in complex cases’, Alzheimer Scotland Conference “Dementia: decision making”, Edinburgh.
  • Invited speaker, ‘Deprivation of Liberty, National Preventive Mechanism Annual Meeting, Edinburgh
  • Invited speaker, ‘Deprivation of liberty ECHR and other human rights themes that are/ are not developing post-Scottish Law Commission report’, Law Society of Scotland Mental Health and Incapacity Conference, Glasgow.
  • Invited speaker, ‘UN Convention on the Rights of Persons with Disabilities and Dementia’, Alzheimer Europe, European Parliament

 

Non-executive Directorship

  • Director, WCAC 2022 LIMITED
  • Board Member, Scottish Independent Advocacy Alliance
  • Council Member, Scottish Universities Law Institute

 

Reviewing

  • Guest Review for International Journal of Law and Psychiatry
  • Reviewer, Journal of Psychiatry and Mental Health Nursing
  • Reviewer, Medical Law International

 

Date


52 results

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...

Dementia, Work and Employability: Using the Capability Approach to Understand the Employability Potential for People Living with Dementia

Journal Article
Ritchie, L., Egdell, V., Danson, M., Cook, M., Stavert, J., & Tolson, D. (in press)
Dementia, Work and Employability: Using the Capability Approach to Understand the Employability Potential for People Living with Dementia. Work, Employment and Society, https://doi.org/10.1177/0950017020961929
The importance of remaining in, or re-entering, the labour market is emphasised by governments internationally. While this may bring benefits, progressive disabilities such as...

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...

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: Replacing the Old with the New or the Old in Policy, Law and Practice?

Book Chapter
Stavert, J. (2020)
Scottish Mental Health and Capacity Law: Replacing the Old with the New or the Old in Policy, Law and Practice?. In P. Weller, L. Steele, & C. Spivakovsky (Eds.), The Legacies of Institutionalisation: Disability, Law and Policy in the ‘Deinstitutionalised’ Community. Hart Publishing
When enacted Scottish capacity and mental health legislation was internationally regarded as world leading in terms of presenting human rights-based approaches to intervention...

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. (in press)
Dementia in the workplace: are employers supporting employees living with dementia?. Aging & mental health, 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...

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...

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 ...

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