In brief:<\/strong> in October 2018, the European Observatory for Non-Discrimination and Fundamental Rights (EONDFR \/ OENDDF) submitted a statement to the Council of Europe Committee on Bioethics (DH-BIO) proposing four priorities and two amendments to the Draft Additional Protocol to the Oviedo Convention, to better protect persons with mental disorder subject to involuntary placement or treatment.<\/p>\n\n This statement was submitted by the European Observatory for Non-Discrimination and Fundamental Rights (EONDFR) in October 2018, in its capacity as a member of the Conference of International Non-Governmental Organisations (INGOs) of the Council of Europe. It responds to the consultation launched by the Council of Europe\u2019s Committee on Bioethics (DH-BIO) on the Draft Additional Protocol to the Convention on Human Rights and Biomedicine concerning the protection of the human rights and dignity of persons with mental disorder with regard to involuntary placement and involuntary treatment \u2014 at the time set out in document DH-BIO\/INF(2018)7, as revised by the 13th meeting of the DH-BIO (Strasbourg, 23\u201325 May 2018). The text below is reproduced from the Observatory\u2019s archives, following research into the Council of Europe\u2019s own documentation on the draft Protocol, and is republished here in EONDFR\u2019s current editorial format.<\/p>\n In 2013, the Bioethics Committee of the Council of Europe started to develop a new Additional Protocol to the Convention on Human Rights and Biomedicine (ETS No. 164, adopted in 1997, better known as the \u201cOviedo Convention\u201d). This Additional Protocol is a legal instrument designed to protect the human rights and fundamental freedoms of persons with a serious mental disorder and who are in a situation of involuntary placement or treatment.<\/p>\n The general observation shows that Article 7 of the Oviedo Convention is not sufficiently clear. It leaves a significant legal vacuum when, for a certain time, a person is not able to give consent. This article provides for only one exception to the consent requirement. This exception is taken into account \u201conly when the absence of such treatment may be seriously detrimental to his health\u201d. In this situation, according to this article, the person must be \u201csubject to the conditions of protection prescribed by law\u201d.<\/p>\n Everyday practice shows that involuntary placement or treatment raises a series of questions for the person concerned, as well as for staff working with them and their family or other caregivers.<\/p>\n As a Member of the Conference of INGOs, the European Observatory for Non-Discrimination and Fundamental Rights was asked to give its statement concerning a Draft Additional Protocol.<\/p>\n In relation with other Associations and NGOs committed in the Protection and Defence of persons with mental disorder, the European Observatory for Non-Discrimination and Fundamental Rights has proposed the following amendments.<\/p>\n We considered that the proposed protection of persons with mental disorder as stated in the Draft Additional Protocol was not sufficient. We have advocated the following points:<\/p>\n On the basis of our reflection above, we have proposed the two following amendments to the Draft Additional Protocol:<\/p>\n Article 2 \u2014 Definitions<\/strong><\/p>\n \u201cTrusted person\u201d means a person who has been chosen and expressly designated as such by a person with a mental disorder (\u2026) : add \u201cand who does not have a conflict of interest with the patient\u201d.<\/em><\/p>\n Article 23<\/strong><\/p>\n Add a 3rd paragraph as follows: \u201c3. The law designates an independent public control authority, in charge of places of deprivation and freedoms. This public authority is in particular responsible for controlling the care provided to patients and is authorized to provide the necessary recommendations to the appropriate authority, and to the institutions concerned, to guarantee the dignity of patients. A representative of this public authority may speak at any time in private with patients who have undergone an involuntary measure.\u201d<\/em><\/p>\n This statement is reproduced from the Observatory\u2019s October 2018 submission to the Council of Europe. The wording of the analysis and of the two proposed amendments has not been substantively altered; a small number of evident typographical errors in the original text have been corrected.<\/p>\n![\"Consultation](\"https:\/\/europeanobsndfr.org\/wp-content\/uploads\/2026\/09\/Couverture-institutionnelle-sur-la-sante-mentale.png\")
<\/a><\/figure>\n\nContext<\/h3>\n
I. State of the law<\/h3>\n
II. Amendment proposals<\/h3>\n
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Sources and references<\/h3>\n
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Methodological note<\/h3>\n
📄 Download the full statement (PDF)<\/a><\/h3>\n