Deinstitutionalisation of persons with disabilities
Reply to Recommendation
| Doc. 15709
| 07 February 2023
- Author(s):
- Committee of Ministers
- Origin
- Adopted at the 1455th meeting
of the Ministers’ Deputies (1 February 2023). 2023 - March Standing Committee
- Reply to Recommendation
- : Recommendation 2227
(2022)
1. The Committee of Ministers has carefully
examined Parliamentary Assembly
Recommendation 2227 (2022) “Deinstitutionalisation
of persons with disabilities” and forwarded it to the Steering Committee
for Human Rights in the fields of Biomedicine and Health (CDBIO),
the Steering Committee for the Rights of the Child (CDENF) and the
European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT), for information and possible
comments.
2. The Committee notes that the Assembly’s recommendation focuses
on “persons with disabilities” and the UN Convention on the Rights
of Persons with Disabilities (CRPD). It fully agrees with the Assembly
on the importance of supporting member States in their development
of human rights-compliant strategies for deinstitutionalisation
of persons with disabilities. However, it points out that this is
a much broader group than, and distinct from, persons with mental
health problems.
3. The Committee of Ministers has replied to several Assembly
recommendations by reaffirming the mandate it gave to the Committee
on Bioethics to draft an Additional Protocol to the Convention on
Human Rights and Biomedicine concerning the protection of human
rights and dignity of persons with regard to involuntary placement
and involuntary treatment within mental healthcare services.
4. This draft Additional Protocol has been prepared and submitted
to the Committee of Ministers. At its 1434th meeting
on 11 May 2022, the Committee instructed the CDBIO to prepare additional
complementary measures by 31 December 2024, namely a draft recommendation
promoting the use of voluntary measures in mental healthcare services
and a report on the case law of the European Court of Human Rights
relevant to mental health. The Committee agreed to decide on the
transmission of the draft Additional Protocol to the Parliamentary
Assembly for its opinion at the time of examination of these additional
deliverables. Furthermore, the Committee of Ministers agreed to
prepare a declaration affirming the commitment of the Council of
Europe to improving the protection and the autonomy of persons in
mental healthcare services, to be finalised after the examination
of the completed deliverables.
5. The Committee draws attention to other relevant work undertaken
by the CDBIO: a compendium on good practices to promote voluntary
measures in mental health services, a guide on health literacy and,
jointly with the CDENF, a guide on participation of children in
decision-making processes in matters relevant to their health. These
guides aim at promoting autonomy and ensuring better protection
of persons in vulnerable situations, including persons with disabilities.
6. Furthermore as regards children, the Committee recalls its
Recommendation
CM/Rec(2010)2 on deinstitutionalisation
and community living of children with disabilities, which calls
for all children with disabilities to live with their own family
unless in exceptional circumstances, and for existing institutional placements
to be replaced with a comprehensive network of community provision.
The
Council
of Europe Strategy for the Rights of the Child (2022-2027) contains
an implementing objective on “Protecting children without parental
care and/or living in alternative care, by continuing promoting
deinstitutionalisation”. The Committee has further entrusted the
CDENF with the task of preparing an implementation review report on
Recommendation
Rec(2005)5 on
the rights of children living in residential institutions by the
end of 2025.