Kingnewswire/ press release/ Rome – In a decision widely qualified as history, the Italian Constitutional Court invalidated in May 2025 certain provisions of national legislation on psychiatric treatment, in force for several decades, declaring unconstitutional article 35 of law 833/1978. This decision affects procedures relating to Trattamento Sanitario Obbligatorio (TSO), the legal framework governing compulsory psychiatric hospitalization. If many media have welcomed this advance, criticism, including eminent human rights defenders and civil society organizations, have warned that this decision did not put Italian practices in matters of mental health in total compliance with modern international human rights law.
At the heart of this decision is the recognition that the persons submitted to the TSO must be informed of the decision, have access to a lawyer and have the possibility of presenting their case before the tutelary judge before judicial validation. However, the Court did not abolish the TSO itself, rather choosing to maintain this practice by adding additional procedural guarantees.
This approach has aroused strong criticism from those who argue that forced psychiatric treatment is intrinsically incompatible with human dignity and the right to autonomy.
A little closer, but not yet in total compliance with international standards
The United Nations Convention on the Rights of Persons with Disabilities (CRPD), ratified by Italy in 2009, explicitly rejects coercive interventions in the field of mental health. General observation n ° 1 of the CRPD committee affirms that all persons, regardless of their disability, have the right to legal capacity and must be supported, and not replaced, in decision -making regarding their life and their bodies.
In recent years, the United Nations High Commissioner for Human Rights (HCDH) and the World Health Organization (WHO) have echoed this position, calling for the complete abolition of forced psychiatric interventions and urging nations to adopt alternatives based on support and respect for rights.
A WHO report published in April 2025, entitled “The countries renounce the use of coercive measures in mental health care”, underlines that isolation, restraint and involuntary treatment are not only prejudicial, but also constitute a violation of human rights under all international instruments, including the CDPH. The report concludes:
“Forcing or insulating a person in mental health crisis can cause serious physical injuries, even death. People who have undergone these coercive measures claim that they are traumatic, harmful to recovery and that they generate distrust of mental health services. These are systemic failures of care. »»
Despite these world developments, the decision of the Italian Constitutional Court does not go so far as to remove the TSO. On the contrary, it confirms the legality of involuntary psychiatric treatment while introducing modest reforms in the way in which these measures are applied.
CCDU: longtime defenders of dignity and autonomy
The Commission of Citizens for Human Rights in Italy (CCDU), an Italian branch of the organization founded by the Church of Scientology in 1969 and long active in the denunciation of the abuses committed in psychiatry, has always pleaded in favor of the total decriminalization of mental distress and the dismantling of institutionalized coercion in mental health.
The CCDU praised the procedural improvements imposed by the Court, but warned that authorizing any form of forced treatment remains a serious ethical and legal fault.
“Dignity cannot be conditional,” said a CCDU representative. “If we recognize people as equal citizens, they must have the right to make choices, even when others do not agree with them. »»
Since its creation, the CCHR has been working worldwide alongside survivors, whistleblowers and international partners to document systemic abuses in psychiatric establishments and promote transparency in clinical circles.
In the same spirit, the CCDU in Italy supported a legislative proposal presented by the Defense Group Diritti Alla Follia, which aims to fully replace the TSO with models of voluntary, community care and based on informed consent.
This support is directly inspired by the principles set out by L. Ron Hubbard, founder of the Church of Scientology. Hubbard was a fervent detractor of coercive psychiatry, and his writings constituted the philosophical foundation of the global CCDH campaign to end involuntary interventions in matters of mental health.
Today, the CCDH continues this inheritance by working in close collaboration with international surveillance organizations such as the European Committee for the Prevention of Torture (CPT) and the United Nations Special Rapporteur on Torture, the United Nations High Commissioner for Human Rights (HCDH) and various United Nations Board of Human Rights.
Why the TSO remains a violation, whatever the process
Human rights organizations, including the CPT and the HCDH, have repeatedly condemned practices involving non -consented psychiatric treatments. The CPT specifically argued that even with regular procedure, forced administration of drugs and violent detention Articles 7 and 9 of the European Convention on Human Rights. Article 7 is centered on the principle of “no pain without law”, while article 9 guarantees the right to freedom of thought, conscience and religion. The HCDH and other United Nations bodies responsible for the application of human rights treaties emphasize that coercion in psychiatry constitutes a violation of human rights under all international instruments, including the United Nations Convention on the Rights of Persons with Disabilities.
The CPT specifically denounced Italy for its use of TSO and urged the authorities to develop alternative models which respect personal autonomy and informed consent.
In addition, the HCDH and the WHO, in their document entitled “mental health, human rights and legislation: guidelines and practices”, underline that countries should move away from institutionalization and coercion and rather invest in peer support, emergency reception centers and community services.
“The idea that someone can be hospitalized by force and subject to drug treatment simply because it thinks differently is archaic,” said Ivan Arjona, representative of Scientology to European institutions and the United Nations. “It is a good opportunity for Italy to move forward and guarantee the full adoption of the human rights model in matters of mental health. »»
What is the future?
The decision of the Constitutional Court being now in force, the Parliament must write new legislation to replace unconstitutional provisions. While some legislators have been open to a reform, others remain aligned with traditional psychiatric institutions and clinical interests.
At the same time, the Ministry of Health reports that more than two million Italians do not have access to adequate mental health care and that emergency services have experienced an increase in psychiatric crises, an alarming trend that highlights the need for systemic change.
The CCDU and the Allied groups warn that without a clear commitment to the abolition of coercion, any new legislation will only perpetuate the violations that the Court claims to fight.
“We have already seen this before,” said a spokesperson for the European Bureau of the CCDU. “Governments add procedural layers to give the illusion of protection, but fundamental violation – the denial of physical integrity and freedom – remains intact. »»
While Italy is at the crossroads, the question is no longer whether the system has to change, but if there is a political will to free itself from the outdated control paradigms and embrace a future human rights, dignity and real healing.
References
Italian Constitutional Court – Decision on article 35 of law 833/1978 (May 2025)
United Nations Convention on the Rights of Persons with Disabilities (CRPD) page of the United Nations CRPD Treaty
Committee for the Rights of Persons Handicapped by the United Nations – General Observation N ° 1 (2014)
United Nations High Commission for Human Rights (HCDH)
World Health Organization (WHO) – April 2025 report: “countries gradually renounce the use of coercive measures in mental health care”
** WHO/HCDH publication – “Mental health, human rights and legislation: orientations and practices” https://www.who.int/publications/i/item/9789240080737
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