We welcome the unanimous decision of the Parliamentary Assembly of the Council of Europe’s (PACE) to adopt a negative opinion on the draft Additional Protocol to the Oviedo Convention. This Protocol, which we have long been opposed to, takes the wrong approach to regulating the use of involuntary treatment and placement in psychiatry.
We consider the opinion to represent an important step toward ensuring the protection and promotion of human rights in mental healthcare, in line with the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
The opinion adopted unanimously by the Parliamentary Assembly:
- Reiterates its long-standing opposition to the draft protocol;
- Renews its recommendations for CRPD alignment across the Council of Europe’s work;
- Acknowledges opposition from civil society organisations, other UN bodies, and the former Council of Europe Commissioner for Human Rights;
- Encourages the Committee of Ministers to commission a study on CRPD compatibility before proceeding with any further consideration;
- Suggests that the Committee of Ministers proceed with a more appropriate and flexible instrument, welcoming the draft recommendation on respect for autonomy in mental healthcare.
However, the power to adopt the protocol rests solely with the Council of Europe’s Committee of Ministers. The latest information we received indicates that the Committee of Ministers intends to ignore the opinion and adopt the additional protocol.
That is why we urge the Committee of Ministers to heed this negative opinion.
Many UN experts have already been clear: the draft protocol is not compliant with the UN Convention on the Rights of Persons with Disabilities. This draft protocol is outdated, and it is time for the Council of Europe to move forward by withdrawing this draft and focus on the adoption and implementation of its draft recommendation on respect for autonomy in mental healthcare.
Withdraw the draft now!