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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...
Stavert, J., Egdell, V., Ritchie, L., Danson, M., Cook, M., & Tolson, D. (2018). Employer Responses to Dementia in the Workplace. 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...
Stavert, J., & McKay, C. (2017). Scotland's Mental Health and Capacity Law: A Case for Reform. Mental Welfare Commission for Scotland
Report of joint Mental Welfare Commission for Scotland and Centre for Mental Health and Capacity Law law reform scoping exercise.
Chief Scientists Office
Clinicians are legally and ethically obliged to respect patients’ autonomy and the decisions patients make about their treatment, unless they lack “capacity” for such decision making. In the last 10 ...
Stavert, J. (2016). Supported Decision-Making: Good Practice Guide. Mental Welfare Commission for Scotland
Supported decision-making maximizes an individual's ability to ensure that their rights, will and preferences are at the centre of all decisions that concern them...
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
Stavert, J., & McGregor, R. Project briefing paper: Support for the Exercise of Legal Capacity. Essex Autonomy Project
This briefing paper was produced for the Three Jurisdictions Project Roundtable Meeting held on 2 February 2016. It considers support for the exercise of legal capacity.
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...
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
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,...
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...
Morrison, A. P., Pyle, M., Gumley, A., Schwannauer, M., Turkington, D., MacLennan, G., …Tully, S. (2018). Cognitive behavioural therapy in clozapine-resistant schizophrenia (FOCUS): an assessor-blinded, randomised controlled trial. Lancet Psychiatry, 5(8), 633-643. https://doi.org/10.1016/s2215-0366%2818%2930184-6
Although clozapine is the treatment of choice for treatment-refractory schizophrenia, 30–40% of patients have an insufficient response, and others are unable to tol...
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 ...
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...
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...
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...
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...
Edinburgh Napier University Craiglockhart Campus
20 June 2017