The Committee of Ministers has adopted a Recommendation on respect for autonomy in mental healthcare, which aims at ensuring respect for the autonomy of persons receiving mental healthcare and at preventing the use of coercion in the provision of such care.
It reaffirms the principle of free and informed consent and respect for the will and preferences of the person concerned for any mental healthcare and underlines that any exception must be subject to strict legal safeguards that respect human dignity.
It stresses the need for ensuring equitable access to mental healthcare, including community-based care, as early as possible.
The recommendation lays down a number of provisions:
- for designing policies and practices, that reflect the principle of autonomy, involving persons with lived experience;
- for the provision of mental healthcare, in environments that promote autonomy, ensuring that persons are informed of their rights, including the right to complain, that they are assisted in the exercise of their rights, and are able to express and document their preferences for future care;
- for addressing stigma and preventing discrimination, and for educating and training health professionals and all professionals who come into contact with persons with healthcare problems on respect for autonomy as a human rights principle;
- for conducting regular reviews of practices with a view of ensuring respect for autonomy.
This recommendation is part of a comprehensive set of actions undertaken by the Council of Europe with a view to promoting autonomy and respect for human rights in the field of mental health. It was drafted building on principles derived from documented best practices (Compendium report).
Explanatory Memorandum to Recommendation CM/Rec(2026)8 of the Committee of Ministers to member States on respect for autonomy in mental healthcare
