European Court of Human Rights rejects request for an advisory opinion on biomedicine treaty

The European Court of Human Rights delivered its final decision not to accept the request for an advisory opinion on two questions regarding the protection of the human rights and dignity of persons with mental disorders in the face of involuntary placement or treatment, submitted by the Council of Europe’s Committee on Bioethics (DH-BIO) under Article 29 of the Convention on Human Rights and Biomedicine (the Oviedo Convention). The Court rejected the request because the questions raised did not fall within the Court’s competence. This was the first time the European Court had received a request for an advisory opinion under Article 29 of the Oviedo Convention. Such requests should not be confused with requests for an advisory opinion under Protocol No. 16, which are for advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the European Convention on Human Rights or its Protocols.