In May 2022, after years of advocacy, the Council of Europe’s Committee of Ministers suspended the protocol’s adoption until end of 2024 and instructed the Steering Committee for Human Rights in the fields of Biomedicine and Health (CDBIO, formerly known as DHBIO) to:

• Draft a recommendation promoting the use of voluntary measures in mental health care services and a report on the case law of the European Court of Human Rights relevant to mental health
• Include the United Nations Office of the High Commissioner for Human Rights and disability rights organisations in CDBIO meetings where the draft Additional Protocol is being discussed
• Prepare a declaration of the Committee of Ministers affirming the commitment of the Council of Europe to improving the protection and the autonomy of persons in mental health care services

Since these decisions were taken, EDF, Mental Health Europe (MHE), and several partner organisations have been involved in consultations regarding the draft recommendation promoting the use of voluntary measures in mental health care services. This includes:

• Comments to the outlines of the CD-BIO Draft Recommendation on respect for autonomy in mental healthcare (2022)
• Civil society joint position on the draft recommendation for the promotion of voluntary measures – CD-BIO meeting of 7th of June 2023
• Targeted consultation on the revised draft recommendations and input for the explanatory memorandum (2024)
• Joint position on the draft recommendation for respect for autonomy in mental healthcare – CDBIO meeting (2024)

The Recommendation on autonomy in mental healthcare was adopted to the CDBIO on the 26 November. While it is not fully aligned with the CRPD, it represents an important step forward with the expressed aim of eliminating coercive practices in mental healthcare.

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