Compilation of statements opposing the draft protocol to the Oviedo Convention of the Council of Europe

This compilation is not exhaustive and provide the most recent submissions and declarations related to the opposition to the draft additional protocol to the Oviedo Convention.

Coalition of organisations of persons with disabilities and service providers

• Letter to DH-BIO Committee: Grave concerns about the draft additional protocol to the Oviedo Convention and potential human rights violations by the Council of Europe (Nov 2020)
• Open letter to the Council of Europe’s Committee of Ministers and Committee on Bioethics regarding the draft additional protocol to the Oviedo Convention (Sept 2020)
• Handout “#WithdrawOviedo Forced treatment and placement violate rights of people with disabilities and the UN Convention on the Rights of Persons with Disabilities” (2018)
• Open letter to the Council of Europe’s Secretary General regarding the draft additional protocol to the Oviedo Convention (2018)

Human Rights Watch

• What Does the Council of Europe Have Against People with Disabilities? (2020)
• “Council of Europe: A Threat to Rights of People With Disabilities” (2018)
• Human Rights Watch Letter to Mr. Jagland on the Additional Protocol to the Oviedo Convention (2018)

National Human Rights Institutions (NHRIs) / Equality bodies

• ENHRIs’ Statement calling on Council of Europe Member States to oppose the adoption of the Additional Protocol to the Oviedo Convention (2021)
• Statement of the European Network of NHRIs against the draft additional protocol to the Oviedo Convention (2018)
• The opinion of the French Ombudsman (Défenseurs des droits) on the draft Additional Protocol to the Oviedo Convention (2018) – Avis 18-29 du 5 décembre 2018 portant sur le projet de protocole additionnel à la Convention sur la protection des droits de l’homme et la dignité des personnes atteintes de troubles mentaux en matière de placement et de traitement involontaires (Convention d’Oviedo)
• Equality and Anti-Discrimination Ombud of Norway (2015)

EU Fundamental Rights Agency 

European Union Agency for Fundamental Rights (FRA) (2015)

Council of Europe

Commissioner for Human Rights

• Comments by Dunja Mijatović, Council of Europe Commissioner for Human Rights during Hearing on deinstitutionalisation of persons with disabilities (2021)
• Comments by Dunja Mijatović, Council of Europe Commissioner for Human Rights on the draft Additional Protocol to the Convention on Human Rights and Biomedicineconcerning the Protection of Human Rights and Dignity of Persons with MentalDisorder with regard to Involuntary Placement and Involuntary Treatment (2018)
• Speech at PACE’s joint hearing on protecting the rights of people with psychosocialdisabilities with regard to involuntary measures in psychiatry (2018)

Parliamentary Assembly (PACE)

• Resolution 2291 (2019) Ending coercion in mental health: the need for a human rights-based approach
• Comments on the draft Additional Protocol to the Oviedo Convention, concerning the protection of human rights and dignity of persons with mental disorder with regard to involuntary placement and involuntary treatment (2018): Committee on Equality and Non-Discrimination; Committee on Social Affairs, Health and Sustainable Development

United Nations

• Open letter on Draft Additional Protocol to the Oviedo Convention (June 2021)
• Press release by OHCHR: “UN Rights experts call on Council of Europe to stop legislation for coercive mental health measures” (May 2021)
• Statement by the UN Committee on the Rights of Persons with Disabilities (2018)
• Speech of the UN Special Rapporteur on the Rights of Persons with Disabilities at PACE’s joint hearing on protecting the rights of people with psychosocial disabilities with regard to involuntary measures in psychiatry (2018)
• Letter to the Council of Europe Secretary General on the draft additional protocol to theOviedo Convention from mandates of the Working Group on Arbitrary Detention; the Chair ofthe Committee on the Rights of Person with Disabilities; the Special Rapporteur on the rightsof persons with disabilities and the Special Rapporteur on the right of everyone to theenjoyment of the highest attainable standard of physical and mental health (2017)
• OHCHR-ROE (2015)