Council of Europe: Implementation of International Human Rights on Mental Health Set Back by Minority of Countries’ Struggles

The Council of Europe’s Committee of Ministers is on summer break while reviewing a controversial draft Additional Protocol to the Oviedo Convention on human rights and biomedicine, focused on involuntary measures in psychiatry. This draft has faced significant opposition from several member states, the UN CRPD Committee, civil society groups, and national human rights institutions, who argue it violates international human rights law.

The Committee of Ministers has been debating this issue, with the Parliamentary Assembly advising against the protocol and suggesting a study on its compatibility with the UN CRPD. This led to a confidential legal study by Prof. Andreas Zimmerman, which argued the protocol does not conflict with international human rights law, but it was criticized for not fully considering UN documents and guidance.

The Ministers’ Deputies Rapporteur Group (GR-H) had diverse views on the draft, and no decision was reached. They considered three options: discontinuing the process, proceeding with existing measures while strengthening human rights conditions, or developing an instrument to prohibit involuntary measures.

Only a few countries supported proceeding, with most opposing the draft. A revised version was prepared by the Steering Committee for Human Rights in Biomedicine (CDBIO), but it remains incompatible with the UN CRPD. The UN CRPD Committee and others have strongly opposed the draft, citing its inconsistency with the UN CRPD’s prohibition of involuntary placement and treatment.

Despite revised discussions, the GR-H remains undecided. The Chair proposed dialogue with civil society and UN CRPD representatives to draft a new text. However, no contact was made with civil society before the summer break, leaving the future direction uncertain.