Civil Society: Council of Europe Must Not Legitimize Coercion in Psychiatry
A coalition of disability and human rights organizations, mental health service providers, and the European Network of National Human Rights Institutions (ENNHRI) calls on the Council of Europe to abandon the draft Additional Protocol to the Oviedo Convention on mental healthcare, arguing it would entrench coercion and forced treatment in psychiatry.
Civil Society Groups Reiterate Strong Opposition to the Draft Additional Protocol
The call aligns with a statement from the UN Committee on the Rights of Persons with Disabilities (UN CRPD) urging the Council of Europe’s Committee of Ministers to withdraw the problematic draft Additional Protocol to the Oviedo Convention. Thirteen disability and human rights organizations reiterate their opposition to the draft, emphasizing its misalignment with the Council of Europe’s Recommendation on respect for autonomy in mental healthcare. This recommendation promotes autonomy, informed consent, and respect for individual preferences in mental healthcare, strengthening the argument against the draft Protocol.
Endorsement of the Recommendation by the European Disability Forum (EDF) and other organizations does not legitimize the draft Protocol, instead urging its abandonment in favor of implementing the Recommendation consistent with the UN Convention on the Rights of Persons with Disabilities.
The European Disability Forum and partners demand that the Council of Europe and its Member States adhere to human rights standards in the Recommendation and abandon the draft Additional Protocol. The call is supported by various human rights bodies, including ENNHRI and the UN Committee on the Rights of Persons with Disabilities.
Signed by European Disability Forum, Mental Health Europe, and other organizations.
ENNHRI Issued Separate Call to Oppose the Draft Additional Protocol
ENNHRI, representing over 50 National Human Rights Institutions, calls on the Council of Europe’s Committee of Ministers to oppose the draft Additional Protocol to the Oviedo Convention on Bioethics. NHRI’s, independent state-mandated bodies, emphasize that the draft Protocol conflicts with international human rights standards and may lead to further rights violations for persons with disabilities in Europe. ENNHRI highlights concerns over previous iterations of the draft, underscoring its potential negative impact and compatibility issues with existing human rights standards.
Solidifying Institutionalisation and Increasing Use of Coercion
ENNHRI warns that the draft Protocol could entrench institutionalization of persons with disabilities, increase coercion, and create fragmented human rights frameworks. This could hinder Member States’ reform efforts and complicate the work of human rights defenders in promoting and protecting the rights of persons with disabilities across Europe.
EASPD: A Truly International Call for Action
The proposal could allow forced treatment against the will of individuals with mental health issues. The UN CRPD has also urged the Council of Europe to withdraw the proposal. EASPD, representing disability services across Europe, emphasizes the importance of person-centered, rights-based care and warns of the negative implications of adopting the proposal. Despite widespread opposition, only the Council of Europe’s Committee of Ministers can decide to drop it. EASPD argues that adopting the proposal could undermine the implementation of the UN CRPD and the positive shifts it initiated.
Draft Additional Protocol Should Be Definitively Withdrawn
The call concludes with a demand for the Council of Europe to ensure respect for autonomy in mental healthcare and eliminate coercion, advocating for the definitive withdrawal of the draft Additional Protocol.
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