We renew our call for the Council of Europe to drop a proposed protocol that would support forced treatment and coercion in mental healthcare.
Summary
- The Council of Europe resumed work on a protocol that would support forced treatment and coercion, despite our advocacy against it.
- This advance is a setback that goes against the positive recommendations developed while the protocol was paused.
- We call on the Parliamentary Assembly of the Council of Europe to issue a negative opinion that opposes this advance.
The draft additional protocol to the Oviedo Convention
The Council of Europe has been trying to regulate forced treatment and placement of persons with disabilities and mental health problems in mental healthcare. Their proposal would allow for its continued use, solidify institutionalisation and create legal conflicts for countries that ratified the UN Convention on the Rights of Persons with Disabilities.
The Council of Europe paused work on the draft Additional Protocol in 2022 due to widespread criticism that resulted from our advocacy. They focused on developing resources to promote autonomy in mental healthcare.
The resources included:
- a draft recommendation promoting the use of voluntary measures in mental health care services, which we welcomed;
- a of the European Court of Human Rights relevant to mental health;
In anticipation of this, EDF and a coalition of 12 civil society organisations and human rights bodies published an open letter urging the Council of Europe to abandon their work legislating coercion in mental healthcare. The letter was shared with all national ministers represented in the Council of Europe’s Committee of Ministers, its decision-making body.
However, the Council of Europe has, against our advice, lifted the pause at the beginning of 2025 and decided to advance the draft Additional Protocol. They passed the draft Additional Protocol to the advisory body of the Council of Europe, the Parliamentary Assembly, for an opinion.
We urge the Parliamentary Assembly to issue a negative opinion, expected by April 2025.
Help us in these efforts: visit the Withdraw Oviedo campaign website and sign up to get involved and stay informed about future advocacy opportunities.
Contact markaya.henderson@edf-feph.org for more information.