The Parliamentary Assembly of the Council of Europe’s (PACE) debated involuntary and coercive measures in psychiatry. In a unanimous decision the Assembly reiterated its long-term position against such measures and a possible new protocol on the involuntary placement and involuntary treatment of persons in mental healthcare services.

The Rapporteur on the PACE Opinion on the possible new Additional Protocol to the Oviedo Convention, Ms Carmen Leyte, told the European Times that, “I underlined that the debate went to the heart of what the Council of Europe stands for: the protection of human rights, dignity, and autonomy.”

The proposal for this possible new Additional Protocol dates back nearly twenty years, Ms Carmen Leyte told, and although its intention was to strengthen safeguards, the context has changed profoundly. “Over the past decade, this Assembly has repeatedly taken a clear position: it has called for a shift away from coercion in psychiatry, in line with the UN Convention on the Rights of Persons with Disabilities,” Ms Carmen Leyte pointed out.

She referred to the PACE recommendations of 2016, 2019, and 2022, which she stressed “all pointed in the same direction—towards reducing and ultimately eliminating coercive practices.”

“During our recent hearings, we heard two very different perspectives. Some argue that a binding instrument could harmonize standards and improve safeguards,” Ms Carmen Leyte stated. “But leading human rights bodies, organisations of persons with disabilities, and many experts have warned that the current text risks legitimising practices that should instead be decreasing. They stressed that the Protocol, as drafted, is not compatible with the CRPD and could slow down progress already being made in several European countries,” she added.

Autonomy must be the guiding principle

“As a medical doctor, I know that the transition away from coercion cannot happen overnight. It requires resources, training, early intervention, and strong political commitment,” Ms Carmen Leyte noted. And she emphasized “But regulation must support this transition—not hinder it. Autonomy must be the guiding principle, not an afterthought.”

She stressed that the drafted possible new Additional Protocol risks legitimising outdated practices. International human rights bodies and disability organisations have been very clear: the current draft of the possible new Protocol does not align with the UN CRPD. Ms Carmen Leyte underlined: “We cannot endorse a text that could reinforce coercive measures.”

Europe can—and must—choose a better path

Many countries are already reducing coercion through early intervention, adequate resources, training, and participation. “This is the model we should promote: modern, rights‑based, and truly humane,” Ms Carmen Leyte declared.

“Across Europe, people with psychosocial disabilities deserve support based on dignity and autonomy—not coercion. Any new regulation must move us forward, not backwards,” stated Ms Carmen Leyte.

It was for this reason that the PACE debated and unanimously decided that any future work by the Committee of Ministers must ensure full compatibility with the CRPD. And that the Assembly could not support the current draft of the possible new Additional Protocol.