The confidential legal analysis prepared for the final review of the draft Additional Protocol to the Oviedo Convention aligns with a misleading 2011 Statement by the Council of Europe’s Committee on Bioethics. This statement falsely suggests compatibility between the UN CRPD and the use of coercive measures in psychiatry, a notion still supported by the Council of Europe’s Steering Committee on Bioethics and present in the current review by the Committee of Ministers.
“There was a prior discussion on compatibility, and a statement was published long ago on the Committee’s webpage. The Steering Committee on Bioethics (CDBIO) had the discussion a long time ago,” Laurence Lwoff, Secretary of the Council of Europe’s CDBIO, stated to the European Times.
The 2011 “Statement on the United Nations Convention on the Rights of Persons with Disabilities” was drafted to evaluate whether a Council of Europe text regulating coercive measures in psychiatry conflicted with the UN CRPD. Laurence Lwoff, involved in bioethics since 2002, contributed to the 2011 Statement based on Steering Committee on Bioethics (CDBI) discussions.
While claiming relevance to the UN CRPD, the statement primarily considers the Oviedo Convention and European Convention on Human Rights, referring to them as “international texts.” The statement presents a deceptive conclusion, asserting compatibility with certain coercive psychiatric measures without referencing relevant UN CRPD articles or explanations. The UN CRPD Committee, responsible for interpreting the Convention, was not consulted during the 2011 analysis.
The statement lacks factual analysis of the UN CRPD, its explanatory memorandum, or negotiation texts, omitting authoritative UN interpretations of the CRPD regarding involuntary detainment for mental disorders.
The 2011 Committee on Bioethics’ statement superficially considers the UN CRPD, instead echoing the Oviedo Convention’s text:
- The Council of Europe Bioethics Committee’s statement asserts that involuntary treatment or placement requires a serious mental disorder and potential serious harm without treatment.
- The Convention on Human Rights and Biomedicine’s Article 7 states similar conditions for treating serious mental disorders.
The UN CRPD Committee clarified that the draft Additional Protocol contradicts the Convention. In a 2026 Statement to the Council of Europe, it highlighted the incompatibility with the Convention and the CRPD Committee’s jurisprudence.
The UN CRPD Committee emphasized its authority to interpret the Convention and criticized the CDBIO’s continued claim of compatibility. The Committee noted the draft Additional Protocol conflicts with the CRPD’s spirit and letter, supported by various UN bodies and the Council of Europe’s Commissioner for Human Rights.
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