The Council of Europe is moving forward with a controversial proposal regarding coercive psychiatric practices, despite serious concerns from the United Nations and civil society organizations. On Wednesday, the Committee of Ministers’ permanent representatives decided to seek another opinion on a draft protocol that would regulate the use of involuntary measures in psychiatry. This decision comes despite warnings that the proposal may violate international human rights standards.
A Long History of Criticism
Discussions on this additional protocol began in 2011 and have faced consistent opposition throughout the process. Critics argue that endorsing coercion in mental health care—even under regulation—contradicts the modern human rights framework, which advocates for an outright ban on such practices. Human rights organizations, the UN, the Council of Europe’s own Commissioner for Human Rights, the Parliamentary Assembly, and various experts have repeatedly raised concerns.
The Council of Europe claims the draft protocol aims to protect victims subjected to involuntary psychiatric interventions, which are widely recognized as degrading and even tantamount to torture. However, experts argue that regulating coercion rather than abolishing it remains a violation of human rights principles.
Suspension and Resumption of the Review Process
In June 2022, due to ongoing criticism, the Committee of Ministers suspended work on the draft protocol, opting to gather more information on voluntary mental health measures before making a final decision. Recently, this data was submitted by the Steering Committee for Human Rights in the fields of Biomedicine and Health (CDBIO), prompting the Council of Europe to resume deliberations.
Following this development, the UN Committee on the Rights of Persons with Disabilities (CRPD Committee) reiterated its objections, emphasizing the need to phase out all forms of coercion in mental health care. The Committee pointed out that the UN Convention on the Rights of Persons with Disabilities (CRPD)—ratified by all 47 Council of Europe member states—prohibits forced institutionalization and any deprivation of liberty based on disability, including during individual crises.
UN Statement Not Officially Circulated
The Committee of Ministers' Secretariat chose not to officially distribute the UN CRPD Committee’s statement to permanent representatives, stating that it was already publicly available. Instead, delegations were informed about it in a preparatory meeting on January 23, which had limited attendance.
Next Steps: Parliamentary Assembly Review
During the Wednesday session, the Committee of Ministers decided to submit the draft Additional Protocol to the Convention on Human Rights and Biomedicine (ETS No. 164) for review by the Parliamentary Assembly. The Assembly has been asked to provide its opinion as soon as possible.
It remains to be seen whether the Council of Europe will take into account the strong opposition from the UN, civil society organizations, its own Parliamentary Assembly, and its Commissioner for Human Rights. The Parliamentary Assembly is expected to discuss the matter during its Spring session in April.
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