The final discussions on the potential new Additional Protocol to the Oviedo Convention continue intensely within the Committee of Ministers of the Council of Europe. The UN CRPD Committee issued an Open letter urging Member States to oppose the draft Additional Protocol and adhere to their human rights obligations under the Convention on the Rights of Persons with Disabilities.
The Committee on the Rights of Persons with Disabilities expressed concern over the draft Additional Protocol, noting it retains coercive psychiatric measures incompatible with the Convention on the Rights of Persons with Disabilities. It emphasized the UN CRPD prohibits involuntary placement and treatment of persons with disabilities based on disability, without exceptions.
Adopting the Additional Protocol would breach states’ obligations under the UN CRPD, as noted by the Committee. It stressed that States parties must refrain from any act or practice inconsistent with the Convention, and cannot create exceptions that conflict with human rights.
The international community, including the World Health Organization and United Nations General Assembly, demands mental health services be free from coercion. The WHO’s Comprehensive Mental Health Action Plan and joint WHO-OHCHR guidance call for legislative reforms to end coercion and promote community-based support systems.
Evidence-based reports highlighted widespread violence in institutions and harm caused by involuntary measures. The UN CRPD Committee recommends responses to individual crises that respect personal will and preferences, supporting autonomy and dignity.
The Committee reiterated that involuntary practices are discriminatory, denying legal capacity and potentially amounting to cruel or degrading treatment.
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