Senator Carmen Leyte: "We cannot endorse a text that could reinforce coercive measures"

The Parliamentary Assembly of the Council of Europe (PACE) discussed involuntary and coercive measures in psychiatry, ultimately reaffirming its stance against such practices and a potential new protocol on involuntary placement and treatment in mental healthcare. Ms. Carmen Leyte, the Rapporteur for the PACE Opinion on this potential protocol, highlighted that the debate focused on protecting human rights, dignity, and autonomy. She noted that although the proposal intended to enhance safeguards, the context has shifted over twenty years. The Assembly has consistently advocated for moving away from coercion in psychiatry, aligning with the UN Convention on the Rights of Persons with Disabilities.

Ms. Leyte pointed out PACE’s 2016, 2019, and 2022 recommendations, which emphasized reducing and eventually eliminating coercive practices. During recent hearings, differing views emerged. Some believe a binding instrument could standardize safeguards, but human rights bodies, disability organizations, and experts caution that the current draft may legitimize undesirable practices and does not align with the CRPD, potentially hindering progress.

Ms. Leyte, leveraging her medical background, stressed that moving away from coercion requires resources, training, early intervention, and political commitment. Regulation should facilitate, not obstruct, this transition, prioritizing autonomy. She warned that the draft protocol risks endorsing outdated practices not aligned with the UN CRPD and emphasized that PACE cannot support a document that might reinforce coercive measures.

Highlighting efforts across Europe to reduce coercion through early intervention, resources, training, and participation, Ms. Leyte advocated for a modern, rights-based approach. She asserted that individuals with psychosocial disabilities deserve support rooted in dignity and autonomy, not coercion. Consequently, PACE unanimously decided that future work by the Committee of Ministers must comply fully with the CRPD, and the current draft of the potential new protocol could not be endorsed.