Ending coercion in mental health: the need for a human rights-based approach
- Parliamentary Assembly
debate on 26 June 2019 (23rd Sitting) (see Doc. 14895, report of the Committee on Social Affairs, Health and
Sustainable Development, rapporteur: Ms Reina de Bruijn-Wezeman;
and Doc. 14910, opinion of the Committee on Equality and Non-Discrimination,
rapporteur: Ms Sahiba Gafarova). Text
adopted by the Assembly on 26 June 2019 (23rd Sitting).
The Parliamentary Assembly refers
to its Resolution 2291
“Ending coercion in mental health: the need for
a human rights-based approach” and its Recommendation 2091 (2016)
case against a Council of Europe legal instrument on involuntary
measures in psychiatry.
2 The Assembly reiterates the urgent need for the Council of
Europe, as the leading regional human rights organisation, to fully
integrate the paradigm shift initiated by the United Nations Convention
on the Rights of Persons with Disabilities (CRPD) into its work
regarding the protection of human rights and dignity of persons with
mental health conditions or psychosocial disabilities. It thus calls
on the Committee of Ministers to prioritise support to member States
to immediately start transitioning to the abolition of coercive
practices in mental health settings.
3 The Assembly notes with satisfaction that the Council of Europe
Committee on Bioethics (DH-BIO) is planning to engage in a study
entitled “Good practices in mental healthcare – how to promote voluntary measures”.
It invites the Committee of Ministers to encourage the DH-BIO to
carry out such a study, with the involvement of all relevant actors
in the field and, in particular, relevant non-governmental organisations representing
persons with mental health conditions or psychosocial disabilities.
4 The Assembly notes the continued widespread opposition to
the pursuance of work on an additional protocol to the Convention
for the Protection of Human Rights and Dignity of the Human Being
with regard to the Application of Biology and Medicine (ETS No. 164,
“Convention on Human Rights and Biomedicine”) concerning the protection
of human rights and dignity of persons with mental disorder, with
regard to involuntary placement and involuntary treatment. Taking
into consideration the comments received during the consultations
in 2015 and 2018 (including from the Assembly‘s competent committees),
which underline the draft protocol’s incompatibility with the CRPD
and its incapacity to protect persons with mental health conditions
or psychosocial disabilities from violations of their human rights,
the Assembly invites the Committee of Ministers to redirect efforts
from the drafting of the additional protocol to the drafting of
guidelines on ending coercion in mental health.