Draft 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

Amendment No. 1 | Doc. 16309 | 27 January 2026

Signatories:

Ms María FERNÁNDEZ, Spain, SOC ; Mr Cerni ESCALÉ, Andorra, SOC ; Ms Aurora FLORIDIA, Italy, SOC ; Mr Antonio GUTIÉRREZ LIMONES, Spain, SOC ; Mr Marc LAMUÀ, Spain, SOC ; Mr Gonzalo ROBLES, Spain, EPP/CD ; Ms Susanna VELA, Andorra, SOC

Origin

2026 - First part-session

In the draft opinion, paragraph 8, replace the second sentence with the following sentences:

"Since the ultimate objective would be to phase out involuntary measures, it invites the Committee of Ministers to consider proceeding by means of a more flexible instrument than a protocol, for example a recommendation. Such a recommendation should be fully in alignment with the CRPD, its General comments and guidelines."

Explanatory note

The amendment is justified on the basis that, in the context of the report's invitation to the Committee of Ministers to consider the possibility of using a recommendation as a more flexible instrument instead of a protocol, such a recommendation should be in line with the CRPD.