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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

Other author
Parliamentary Assembly
Session
2026 - First part-session

Summary

The Parliamentary Assembly has issued a negative opinion on the draft additional protocol to the Oviedo Convention, which addresses involuntary placement and treatment in mental healthcare services, due to concerns of incompatibility with the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Despite supporting the protocol's aim to protect dignity and rights without discrimination, the Assembly acknowledges widespread opposition from civil society and UN bodies, which claim the protocol may hinder efforts to eliminate coercive practices in mental healthcare. The Assembly recommends that the Committee of Ministers commission a study on the protocol's alignment with the CRPD and suggests replacing the protocol with a more flexible recommendation that upholds the principles of respect for autonomy endorsed by the CRPD. Additionally, the Assembly supports the accompanying draft recommendation promoting voluntary mental health measures and urges member States to implement it.

Voting results

63 in favor 0 against 3 abstentions