The Parliamentary Assembly of the Council of Europe (PACE) has adopted a negative opinion on the Draft Additional Protocol to the Oviedo Convention concerning the protection of human rights and dignity in mental healthcare.

This decision marks an important milestone in the collective efforts of civil society, organisations of people with disabilities and human rights advocates who have consistently raised serious concerns about the Draft Protocol.

A long-standing concern for disability rights organisations

For several years, EASPD, together with a broad coalition of civil society organisations, has called on the Council of Europe to withdraw the Draft Additional Protocol. While the stated aim of the Protocol was to strengthen safeguards around involuntary measures in mental healthcare, many stakeholders warned that it risked legitimising coercion rather than promoting a shift towards rights-based, person-centred approaches.

The Draft Protocol stood in tension with the UN Convention on the Rights of Persons with Disabilities (UNCRPD), particularly regarding the right to equal recognition before the law, the right to liberty and security, and the obligation to move away from substitute decision-making and coercive practices.

A win for human rights in mental health

PACE’s negative opinion reflects growing recognition that Europe must move beyond coercion in mental health systems. Instead of reinforcing involuntary placement and treatment frameworks, efforts should focus on:

• Investing in accessible, community-based support services;
• Promoting supported decision-making models;
• Strengthening prevention and early intervention;
• Ensuring meaningful participation of people with disabilities in policymaking.

This outcome sends a strong message: human rights standards cannot be interpreted in ways that undermine the progress achieved under the CRPD.

The way forward

EASPD calls on the Council of Europe to take this opportunity to fully reconsider its approach. Future initiatives in the field of mental health must be firmly grounded in human rights and disability inclusion.

Read more here: https://www.edf-feph.org/negative-opinion-on-draft-additional-protocol-to-the-oviedo-convention-a-win-for-disability-rights/