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Additional Protocol to the Oviedo Convention : ENUSP & MHE Joint Statement

Mental Health Europe (MHE) and the European Network of (Ex-) Users and Survivors of Psychiatry (ENUSP) recently adopted a Joint-Statement which was delivered at the Council of Europe meeting of the Committee of Bioethics on 7th June where the drafting of the problematic ‘Additional Protocol to the Oviedo Convention on Human Rights and Biomedicine concerning the protection of human rights and dignity of persons with mental disorders with regard to involuntary placement and treatment’ continued.

MHE previously contributed to a consultation on a previous draft individually as well as with a group of stakeholders asking the Committee on Bioethics to withdraw the draft as it contradicts several articles of the United Nations Convention on the Rights of Persons with Disabilities including Articles 5 (discrimination), 12 (equal recognition before the law), 14 (liberty and security of the person), 15 (freedom from torture, inhumane and degrading treatment) and 25 (right to health). Since then MHE also adopted our position on supported decision-making and legal capacity which aligns MHE with the jurisprudence of the Committee on the Rights of Persons with Disabilities which takes a firm position against forced placement and treatment on the basis of disability including psychosocial disability. See here for more details.

However, unfortunately a decision was taken to continue with the drafting of the Additional Protocol, despite the overwhelming negative response to the consultation. MHE and ENUSP expressed their continued serious concerns about the drafting and reiterated their request that this Additional Protocol be withdrawn in order to avoid conflict between regional and international standards. 

Read Joint Statement HERE




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