On 28 January, the Parliamentary Assembly of the Council of Europe issued a negative opinion on the “Draft Additional Protocol to the Convention on Human Rights and Biomedicine.” Rejecting coercive measures, the opinion recommends a stronger focus on mechanisms that promote autonomy, in accordance with the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
The Parliamentary Assembly joins strong opposition by civil society, mental health professionals, the Council of Europe’s own Commissioner for Human Rights, the CRPD Committee and Council of Europe members like Bulgaria.
The opinion also reaffirms the Parliamentary Assembly’s commitment to a transformation in European mental healthcare towards rights-based practices as detailed in their previous recommendations and resolutions.
However, this opinion is non-binding, and the final decision on the future of the protocol remains with the Committee of Ministers.
Opposition to the draft additional protocol stems from the fact that it would solidify and likely increase the incidence of involuntary placement and treatment in psychiatric care. Forced treatment and placement, or coercion, on the basis of disability constitutes grave human rights violations. Moreover, it risks ensuring the continued institutionalisation of persons with disabilities. The protocol stands in direct violation of international human rights agreements such as the UN Convention on the Rights of Persons with Disabilities, posing serious legal conflicts.
Those who seek to advance the protocol ignore its inevitable harms as well as viable alternatives to coercion as outlined in the WHO QualityRights initiative and the Council of Europe’s Compendium report: Good practices to promote Voluntary Measures in Mental Health Services.
We, the undersigned call now on the Council of Europe’s Committee of Ministers to withdraw the draft additional protocol.
The adoption of this protocol would be damaging for people across Europe. Withdrawing the text will allow Europe to join the turning tide towards human rights-based mental health services and systems.
The undersigned:
Members of the European Parliament
MEP Tilly Metz (Greens/EFA, Luxembourg)
MEP Maria Walsh (European People’s Party, Ireland)
MEP Sebastian Everding (GUE/NGL, Germany)
MEP Alex Agius Saliba (Progressive Alliance of Socialists and Democrats, Malta)
MEP Luke Ming Flanagan (GUE/NGL, Ireland)
MEP Catarina Martins (GUE/NGL, Portugal)
MEP Brando Benifei (Progressive Alliance of Socialists and Democrats, Italy)
MEP Katrin Langensiepen (Greens/EFA, Germany)
MEP Marco Tarquinio (Progressive Alliance of Socialists and Democrats, Italy)
MEP Ondřej Krutílek (European Conservatives and Reformists Group, Czechia)
MEP Ana Miranda Paz (Greens/EFA, Spain)
MEP Seán Kelly (European People’s Party, Ireland)
Non-governmental organisations
John Patrick Clarke, Vice-President
European Disability Forum
Olga Kalina, Chair
European Network of (Ex)-Users and Survivors of Psychiatry
Andrej Vršanský, President
Mental Health Europe
Jyrki Pinomaa, President
Inclusion Europe
Harald T. Neerland, President
Autism-Europe
Nadia Hadad, Co-Chair of the Board
European Network on Independent Living
Kirsi Konola, President
European Association of Service providers for Persons with Disabilities
Felicitas Kresimon, General Secretary
Confederation of European Firms, Employment Initiatives and Cooperatives (CEFEC)
Athina Fragkouli, President
Society of Social Psychiatry P. Sakellaropoulos