Ending coercion in mental health: the need for a human rights-based approach
Reply to Recommendation
| Doc. 15087
| 25 February 2020
- Author(s):
- Committee of Ministers
- Origin
- Adopted at the 1367th meeting
of the Ministers’ Deputies (12 February 2020). 2020 - Second part-session
- Reply to Recommendation
- : Recommendation 2158
(2019)
1 The Committee of Ministers has carefully
examined Parliamentary Assembly
Recommendation 2158 (2019) “Ending
coercion in mental health: the need for a human rights-based approach”,
which it has forwarded to the Commissioner for Human Rights, to
the Steering Committee for Human Rights (CDDH), and to the Committee
on Bioethics (DH-BIO).
2 The Committee of Ministers agrees with the Assembly that the
utmost should be done to promote alternatives to involuntary measures,
as it already pointed out in its reply to Parliamentary Assembly
Recommendation 2091 (2016) on
“The case against a Council of Europe legal instrument on involuntary measures
in psychiatry”.
Note It also agrees that there is
a need to reduce the use of coercive measures in mental health care.
It notes that this is the aim of the work of the DH-BIO and informs
the Assembly that it has instructed this committee to conduct a
study on “Good practices in mental healthcare – how to promote voluntary
measures”.
Note This study will involve the
main stakeholders.
3 As to 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, the Committee of Ministers is aware of the issues surrounding
the preparation of this text and takes notes of the Assembly’s position.
It has also noted the reservations and concerns of the Commissioner
for Human Rights, particularly her fear that this protocol will
create more legal uncertainty for member States and as a result
be ultimately counterproductive for the protection of the rights
of persons with psychosocial disabilities. The Committee of Ministers
would stress that this draft instrument aims to guarantee that measures
implemented, without the consent or the approval of the persons
concerned, are subject to compliance with strict criteria and are
applied only as a last resort. It recalls that it has instructed
the DH-BIO to complete the draft protocol during the 2020-2021 biennium.
It has also encouraged the DH-BIO to directly involve disability
rights organisations in the work.
4 The Committee of Ministers notes with satisfaction that the
comments and contributions received from the Assembly, the Commissioner
for Human Rights and the UN partners and NGOs concerned have helped
to raise awareness among the relevant actors of the need to strengthen
measures promoting autonomy in mental health care. The discussions
surrounding the draft protocol have also demonstrated the need to
support and advise States on ways of avoiding recourse to involuntary
measures. The Committee of Ministers encourages the DH-BIO to ensure
that the draft protocol contains provisions that strengthen the
commitment of States to guaranteeing that a wide selection of appropriate,
less restrictive and intrusive primary measures is available in
mental health care and to carry out the above-mentioned study on
good practices in mental health care as quickly as possible.
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