4 June 1999

No. 99/497

Reference documents

- CM/Del/Dec(95)533/3.1

- CM/Del/Dec(97)594/10.2

- CM(97)2

ASSEMBLY

At their 513th meeting (May 1994, item 3.1), the Deputies noted Recommendation 1235 (1994) and instructed the Steering Committee for Human Rights (CDDH), the Steering Committee on Bioethics (CDBI) and the European Health Committee (CDSP) to express an opinion on this Recommendation.

At their 533rd meeting (April 1995, item 3.1) and in the light of these opinions, the Deputies adopted an interim reply under the terms of which the Committee of Ministers indicated that it wished to carry out an in-depth analysis of the proposals contained in Recommendation 1235 (1994) in order to determine whether Recommendation R (83) 2 concerning the legal protection of persons suffering from mental disorders placed as involuntary patients ought to be revised.

To this end, the Deputies set up the Ad Hoc Committee of Experts on Psychiatry and Human Rights (CAHPS) and assigned it specific terms of reference in this respect.

At their 594th meeting (June 1997, item 10.2), the Deputies took note of the CAHPS’s opinion on the revision of Recommendation R (83) 2, calling for the establishment of guidelines to ensure the protection of the human rights and dignity of persons suffering from mental disorders, in particular those placed as involuntary patients, including their right to the appropriate treatment (see document CM(97)2, Appendix III).

Accordingly, the Deputies instructed the Committee of Experts on Psychiatry and Human Rights (CDBI-PH) to prepare guidelines to this effect, to be incorporated in a new legal instrument of the Council of Europe. At the 651st meeting of Deputies (December 1998), the terms of reference of the CDBI-PH were extended until 31 December 1999.

The Deputies are invited to examine the draft reply set out below with a view to informing the Parliamentary Assembly of the latest developments with regard to the planned follow-up to Recommendation 1235 (1994).

Item 10.2

(CM/Del/Dec(95)533/3.1; - CM/Del/Dec(97)594/10.2; - CM(97)2)

The Deputies adopted the following reply to Recommendation 1235 (1994) of the Parliamentary Assembly on psychiatry and human rights.

"The Committee of Ministers refers to its interim reply to Parliamentary Assembly Recommendation 1235 (1994) on psychiatry and human rights, adopted at its 533^rd meeting (appended thereto) and wished to inform the Assembly of the main developments which have taken place or are under process since then.

At its 16^th meeting, (Oviedo, 16-19 May 1999), the CDBI considered the preliminary draft guidelines on psychiatry and human rights, prepared by its Working Group the CDBI-PH, as a follow up to Assembly Recommendation 1235 (1994). It agreed to invite Delegations to the CDBI to send their comments for examination by the Steering Committee in December.

The CDBI also prepared a preliminary draft White Book containing the main elements of the draft guidelines and aimed at consulting the interested circles (in particular the professional associations and patients associations and their families). The CDBI agreed in principle with the publication of the White Book. This publication could follow the meeting of the CDBI in December.

Following the public consultation procedure, a final draft Recommendation concerning psychiatry and human rights will be submitted by the CDBI, probably at the end of 2000.

The Committee of Ministers will keep the Assembly informed of future developments in the framework of its statutory report."

Interim reply to Parliamentary Assembly Recommendation 1235 (1994)

on psychiatry and human rights

(adopted by the Deputies at their 533^rd meeting)

(6 April 1995, item 3.1)

"The Committee of Ministers wishes to inform the Assembly that, further to its adoption of Recommendation 1235 (1994) on psychiatry and human rights, it decided to transmit the Recommendation to the governments of member States and to seek the opinions of the following committees: Steering Committee for Human Rights (CDDH), European Health Committee (CDSP) and Steering Committee on Bioethics (CDBI).

In the light of the opinions received, the Committee of Ministers wished to make a detailed analysis of the proposals set out in Recommendation 1235 (1994) in order to ascertain whether it was appropriate – and if so to what extent – to revise Committee of Ministers Recommendation No. R (83) 2 on the legal protection of persons suffering from mental disorder placed as involuntary patients.

Accordingly, the Committee of Ministers decided to appoint a committee made up of specialists designated by the CDDH, the CDSP, the CDBI, the European Committee on Legal Co-operation (CDCJ) and the European Committee on Crime Problems (CDPC).

The Committee of Ministers will keep the Assembly informed of the conclusions reached by that committee and the action it has taken on them."