ROME — In what has been widely reported as a landmark decision, Italy’s Constitutional Court struck down portions of the nation’s decades-old psychiatric treatment laws in May 2025, declaring unconstitutional Article 35 of Law 833/1978. The ruling affects procedures for Trattamento Sanitario Obbligatorio (TSO), the legal framework governing compulsory psychiatric hospitalization. While many media outlets have hailed the move as progress, critics—including prominent human rights advocates and civil society organizations—warn that the ruling fails to fully align Italy’s mental health practices with modern international human rights law.
At the heart of the decision is the acknowledgment that individuals subjected to TSO must be notified of the order, granted access to legal counsel, and given the opportunity to present their case before the Tutelary Judge prior to judicial validation. However, the Court did not abolish TSO itself, instead choosing to preserve the practice with additional procedural safeguards.
This approach has drawn sharp criticism from those who argue that forced psychiatric treatment is inherently incompatible with human dignity and the right to autonomy.
A Bit Closer but not yet in Full Compliance with International Standards
The United Nations Convention on the Rights of Persons with Disabilities (CRPD), which Italy ratified in 2009, explicitly rejects coercive interventions in mental health care. General Comment No. 1 from the CRPD Committee affirms that all persons, regardless of disability status, have the right to legal capacity and must be supported—not substituted—in making decisions about their lives and bodies.
In recent years, the Office of the UN High Commissioner for Human Rights (OHCHR) and the World Health Organization (WHO) have echoed this stance, calling for the complete abolition of forced psychiatric interventions and urging nations to adopt support-based, rights-respecting alternatives.
An April 2025 WHO report titled “Countries move away from using coercive measures in mental health care” emphasized that seclusion, restraint, and involuntary treatment are not only harmful but also violate human rights under all international instruments, including the CRPD. The report concluded:
“Forcibly restraining or secluding someone who is experiencing a mental health crisis can lead to severe physical injury and even death. People who have experienced these coercive measures say that they are traumatic, detrimental to recovery and engender mistrust in mental health services. They are systemic failures of care.”
Despite these global developments, the Italian Constitutional Court’s ruling stops short of eliminating TSO. Instead, it upholds the legality of involuntary psychiatric treatment while introducing modest reforms to how such measures are applied.
CCDU: Longtime Advocates for Dignity and Autonomy
The Citizens Commission on Human Rights Italy (CCDU), the Italian branch of the organization founded by the Church of Scientology in 1969 and long active in exposing abuses within psychiatry, has consistently advocated for the full decriminalization of mental distress and the dismantling of institutionalized coercion in mental health care.
CCDU praised the procedural improvements mandated by the Court but warned that allowing any form of forced treatment remains a grave ethical and legal failure.
“Dignity cannot be conditional,” said a CCDU representative. “If we recognize people as equal citizens, then they must have the right to make choices—even when others disagree with them.”
Since its founding, CCHR worldwide has worked alongside survivors, whistleblowers, and international partners to document systemic abuses in psychiatric facilities and push for transparency in clinical settings.
In line with this CCDU in Italy has backed a legislative proposal introduced by the advocacy group Diritti alla Follia, which seeks to replace TSO entirely with voluntary, community-based care models grounded in informed consent.
This support draws directly from the principles laid out by L. Ron Hubbard, founder of the Church of Scientology. Hubbard was a fierce critic of coercive psychiatry, and his writings formed the philosophical foundation for CCHR’s global campaign to end involuntary mental health interventions.
Today, CCHR continues that legacy, working closely with international watchdogs like the European Committee for the Prevention of Torture (CPT) and the UN Special Rapporteur on Torture, the UN Office of the High Commission on Human Rights (OHCHR) and various UN Human Rights Treaty bodies.
Why TSO Remains a Violation—No Matter the Process
Human rights watchdogs, including the CPT and the OHCHR, have repeatedly condemned practices involving non-consensual psychiatric treatment. The CPT specifically have argued that even with due process, forced medication and detention violate Articles 7 and 9 of the European Convention on Human Rights. Article 7 is centered around the principle of No punishment without law while Article 9 provides a right to freedom of thought, conscience, and religion. The OHCHR and other UN Human Rights treaty bodies stress that coercion in psychiatry violations of human rights under all international instruments, including the United Nations Convention on the Rights of Persons with Disabilities.
The CPT has specifically called out Italy for its reliance on TSO and urged authorities to develop alternative models that respect personal autonomy and informed consent.
Moreover, the OHCHR and WHO all encompassing Mental Health, Human Rights and Legislation: Guidance and Practice emphasizes that countries should move away from institutionalization and coercion, and instead invest in peer support, crisis homes, and community-led services.
“The idea that someone can be forcibly hospitalized and medicated simply because they think differently is archaic,” said Ivan Arjona, Scientology’s Representative to the Europen institutions and the United Nations. “It’s a good opportunity for Italy to go all the way forward and ensure full embracement of the human rights model in Mental Health.”
What Comes Next?
With the Constitutional Court’s decision now in force, Parliament faces the task of drafting new legislation to replace the unconstitutional provisions. While some lawmakers have signaled openness to reform, others remain aligned with traditional psychiatric institutions and clinical interests.
Meanwhile, the Ministry of Health reports that over two million Italians lack access to adequate mental health care, and emergency departments have seen a surge in psychiatric crises—an alarming trend that underscores the need for systemic change.
The CCDU and allied groups warn that without a clear commitment to abolishing coercion, any new legislation will perpetuate the very violations the Court claims to address.
“We’ve seen this before,” said a spokesperson from the CCHR European office. “Governments add layers of procedure to give the illusion of protection, but the core violation—the denial of bodily integrity and freedom—remains intact.”
As Italy stands at this crossroads, the question is no longer whether the system needs to change, but whether it has the political will to break free from outdated paradigms of control and embrace a future rooted in human rights, dignity, and true healing.
References:
Constitutional Court of Italy – Decision on Article 35 of Law 833/1978 (May 2025)
United Nations Convention on the Rights of Persons with Disabilities (CRPD) UN CRPD Treaty Page
UN Committee on the Rights of Persons with Disabilities – General Comment No. 1 (2014)
Office of the UN High Commissioner for Human Rights (OHCHR)
World Health Organization (WHO) – April 2025 Report: “Countries move away from using coercive measures in mental health care”
**WHO/OHCHR Publication – “Mental Health, Human Rights and Legislation: Guidance and Practice” https://www.who.int/publications/i/item/9789240080737
