ENUSP asks Council of Europe to update its human rights standards #CRPDnow

• Report rights infringement
• published: 23 May 2016
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ENUSP, the European Network of Users, Ex Users and Survivors of Psychiatry (http://www.enusp.org) responds to the consultation on the Council of Europe Disability Strategy 2017-2023, requesting an update of the Council of Europe standards to align these with the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD). More information can also be found in the full written submission of the European Disability Forum (EDF, http://www.edf-feph.org ) #CRPDnow Video transcript: Hi, I am Jolijn Santegoeds. On behalf of the European Network of Users, Ex Users and Survivors of Psychiatry (ENUSP), we wanted to take this opportunity to provide input to the Council of Europe Disability Strategy 2017-2023. I would like to stress that the United Nations Convention on the Rights of Persons with Disabilities (the UN CRPD) is the highest applicable standard worldwide on the rights of persons with disabilities, which confirms that all persons with all types of disabilities enjoy all human rights and all fundamental freedoms, including legal capacity and liberty on an equal basis with others. The European Network of Users, Ex Users and Survivors of Psychiatry, is concerned about the discrepancy between the UN CRPD and several European instruments, for example: • The European Convention on Human Rights is not in line with the UN CRPD, because in Article 5.1.e it provides grounds for deprivation of liberty based on psychosocial disability [which is referred to as “the legal detention of persons with ‘unsound mind’, alcoholics, drug addicts and vagrants”]. • Also, several Council of Europe bodies and mechanisms, are not in line, or not fully in line with the UN CRPD, such as: o the European Court on Human Rights, o the Committee on the Prevention of Torture, o and the Convention on Human Rights and Biomedicine (which is also called Oviedo Convention) These mechanisms have used, prescribed and enhanced European standards that run contrary to the UN CRPD, and they have allowed for substitute decision making and non-consensual interventions on persons with psychosocial disabilities [a group of people which the Council of Europe refers to as persons with a “severe mental disorder ‘incapable’ of giving consent”]. The European standards even allow for solitary confinement, restraint and forced medication, which are acts that amount to torture and ill-treatment. As a consequence of these European standards which have been in place for a long time, the discrimination against persons with psychosocial disabilities is widely embedded in practice, legislation, policies, courts and culture throughout Europe, and results in gross and systematic violations of human rights, leading to enormous suffering in people’s daily lives. And these European standards additionally prevent access to justice. To ensure that within all of Europe, all persons with psychosocial disabilities can enjoy all human rights and all fundamental freedoms on an equal basis with others, including legal capacity and liberty, the discriminatory practices and policies – and especially the Oviedo Convention on Human Rights and Biomedicine -, must be repealed and replaced by policies and practices that are aligned with the UN CRPD. ❖ ENUSP calls on the Council of Europe, to ensure that all Council of Europe bodies, mechanisms and Member States repeal all forms of guardianship and substitute decision-making, including forced treatment and commitment in mental health care services, and that they promote and realize support systems. ❖ Until States repeal these laws and practices, ENUSP asks the Council of Europe, to issue a moratorium to stop substitute decision making, forced treatments and forced institutionalization, in all Member States. The European Network of Users, Ex Users and Survivors of Psychiatry would be happy to discuss this with you and contribute to these developments. Thank you.