The Parliamentary Assembly of the Council of Europe (PACE) unanimously reaffirmed its opposition to a new protocol on involuntary placement and treatment in mental healthcare, emphasizing it would hinder the elimination of coercive practices in these settings.
Assembly Stands Firm on Human Rights
PACEs was asked by the Council’s executive body, the Committee of Ministers, for its opinion on a draft protocol to the Convention on human rights and biomedicine (Oviedo Convention). The proposed protocol has faced criticism from the Council of Europe, UN human rights bodies, and civil society. PACE previously opposed this draft protocol with recommendations in 2016, 2019, 2022, and 2024.
After a lengthy review, the Assembly decided to adhere to human rights principles and align with the UN CRPD. The Assembly rejected the draft protocol and recommended a study for its compatibility with the CRPD before any further consideration.
The Assembly emphasized that since the goal is to phase out involuntary measures, a flexible approach such as a recommendation, rather than a protocol, should be considered, in full alignment with the CRPD and its guidelines.
The UN CRPD, ratified by all Council of Europe member states, marks a shift towards respecting individual autonomy, according to the parliamentarians.
The Rapporteur on the Opinion, Ms Carmen Leyte, highlighted warnings from the UN Committee on the Rights of Persons with Disabilities and civil society that the protocol contradicts member states’ international obligations and risks legitimizing practices needing elimination. They noted positive practices in some states that have reduced coercion.
Political Groups Align with the Opinion
Ms Bianca-Eugenia Gavrilă, spokesperson for the European Conservatives, Patriots & Affiliates, stated that coercion should be reduced and replaced with more humane support. She noted the harm coercion causes, including trauma and loss of trust.
Mr Bertrand Bouyx of the Alliance of Liberals and Democrats for Europe endorsed the rapporteur’s vigilance on autonomy in mental healthcare, aiming to eliminate involuntary measures.
Ms Laura Castel, spokesperson for the Unified European Group, criticized viewing disability through an outdated medical model and opposed the protocol’s legal sanctioning of force, noting no clinical evidence supports the therapeutic benefits of involuntary institutionalization and highlighting its associated risks.
Ms Luz Martinez Seijo of the Socialists, Democrats, and Greens Group stressed the ethical dimension parliamentarians face in opposing the additional protocol, asserting it is a human rights debate wrongly assuming coercion in mental health aligns with modern human rights systems.
Mr Jan Filip Libicki of the European People’s Party expressed gratitude for the stance rejecting the draft additional protocol, affirming concern for coherent human rights respect in line with international obligations.
Do Not Legitimise Human Rights Violations
In further debate, members reinforced their stance against the new Additional Protocol. Ms Nerea Ahedo emphasized the need to avoid legislation that legitimizes human rights violations and the importance of promoting alternatives to involuntary measures.
Mr Georgios Stamatis highlighted support for those involuntarily placed or interned, seeking to end treatment equating to torture.
Ms Kolbrún Áslaugar Baldursdóttir expressed concerns from the UN Committee on the Rights of Persons with Disabilities about the protocol’s incompatibility with rights to equality, security, and health, urging compliance with the CRPD.
Ms Baldursdóttir concluded on the necessity to ensure Council of Europe standards fully support the CRPD and bolster the international human rights system.
Civil Society Welcomes PACE’s Rejection of the Draft Protocol
The European Disability Forum (EDF), representing 100 million persons with disabilities in Europe, welcomed PACE’s decision to adopt a negative opinion on the draft Additional Protocol to the Oviedo Convention, noting the protocol’s flawed approach to regulating involuntary treatment and placement.
Markaya Henderson, EDF Project Officer, stated that PACE’s opinion is a crucial step towards protecting and promoting human rights in mental healthcare, in alignment with the CRPD.
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