{"id":30,"date":"2023-08-31T17:08:04","date_gmt":"2023-08-31T21:08:04","guid":{"rendered":"https:\/\/pressbooks.library.torontomu.ca\/capacitydecisionmaking\/?post_type=chapter&p=30"},"modified":"2023-09-15T17:26:26","modified_gmt":"2023-09-15T21:26:26","slug":"chapter-2-simon-porter-stephen-muirhead","status":"publish","type":"chapter","link":"https:\/\/pressbooks.library.torontomu.ca\/capacitydecisionmaking\/chapter\/chapter-2-simon-porter-stephen-muirhead\/","title":{"raw":"Chapter 2: Simon Porter & Stephen Muirhead - Scotland","rendered":"Chapter 2: Simon Porter & Stephen Muirhead – Scotland"},"content":{"raw":"
Speaker Bios<\/span><\/span><\/strong><\/h5>\r\n
\"A<\/div>\r\n
<\/div>\r\n
Stephen Muirhead<\/b>\u00a0(he\/him)\u00a0<\/span>is the Chair of the Royal Edinburgh Hospital (REH) Patients Council. He is a long-term user of psychiatric services with a history of representing patient views in an in-patient setting.<\/div>\r\n
<\/div>\r\n
Simon Porter<\/b>\u00a0<\/span>(he\/him) is a member of the REH Patients Council, project coordinator, and advocacy worker with over 20 years of experience.<\/div>\r\n

The roots of the Patients Council goes back to 1989 when the old Thomas Clouston Clinic was closed and patients were moved to the REH. Patients decided they needed a stronger voice. They wanted to have their opinions heard. So they formed a Patients Council which eventually was properly constituted as the Royal Edinburgh Hospital Patients\u2019 Council in 1993. We continue to strengthen the voice of patients and former patients through independent collective advocacy. We continue to build on the foundations established by patients over twenty years ago (REH Patients Council, n.d.). <\/b><\/span>\u00a0<\/b><\/span><\/p>\r\n\r\n

Background<\/span><\/span><\/strong><\/h5>\r\n
Current Status of Article 12 in Scotland<\/span><\/h6>\r\nIn 2006, the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) was adopted and subsequently ratified by both Scotland and the United Kingdom (UK) in 2009. The UNCRPD sets a mandate for ratifying countries to ensure \"access by persons with disabilities to the support they may require in exercising their legal capacity\" (Stavert, 2021). Despite the growing global interest in supported decision-making and significant international legal reforms, Scotland has yet to see substantial changes in this regard (Stavert, 2021).\r\n\r\nScotland currently operates under existing laws like the Adults with Incapacity Act 2000 (AWI), designed to uphold the personal autonomy of disabled individuals. However, concerns have arisen in the past regarding the AWI's compliance with Article 12 of the UNCRPD. This concern is due to its requirement that incapacity must be attributed to 'mental disorder' (including mental illness, personality disorder, or learning disability) or 'an inability to communicate because of a physical disability' (Equality and Human Rights Commission, 2018, p. 4).\r\n\r\nRecently, in June 2023, the Scottish Government responded to the independent review of mental health, capacity, and adult support and protection legislation conducted by Lord John Scott KC. The response outlines ongoing efforts to align with the UNCRPD's requirements, including reforms to the AWI, revisions to the guardianship process, and collaboration with partners to facilitate the development and implementation of effective supported decision-making approaches (Scottish Government, 2023).\r\n
Current Status of Activism in Scotland<\/span><\/h6>\r\nAdvocacy around Article 12 and supported decision making continues in Scotland and the UK. Organizations such as CAPS Independent Advocacy<\/a>, AdvoCard Community Collective Advocacy<\/a>, and the Scottish Independence Advocacy Alliance<\/a> continue to advocate for the development of robust supports to fully implement supported decision making and non-coercive mental health interventions. Recently, in 2021, a team of four educators and an organizer with lived experience of mental health services began the Mind Our Rights Education Programme which develops and facilitates human rights workshops and presentations within Mental Health Service Provision in Edinburgh (Mind our Rights Education Programme, n.d.).\r\n
Video Presentation<\/span><\/strong><\/h5>\r\n[h5p id=\"4\"]\r\n\r\nClick here to read the Transforming the Disabling\/Maddening State - Stephen Muirhead and Simon Porter video transcript.<\/a>\r\n
Key Points<\/span><\/strong><\/h5>\r\n