JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2016
of “substitute decision-making” systems and the goal of
deinstitutionalisation, as a result of the profound societal reforms
underlying the paradigm shift deriving from the Convention.
In addition to the issue of applicable standards, NPMs discussed their
role in the implementation of these standards and the challenges
they face for their actions and recommendations to help reduce the
gap between legislation and practice.
“Our role as NPM is to address recommendations that the
institutions can implement and not just to reiterate standards
that they know, or are supposed to know. We have to bridge
this gap between the standards and the very challenging
practice, dealing with these difficult situations on a daily basis.
That, I think, is our biggest challenge as NPM: to have practical
recommendations for the institutions, and convince them that
this is the right approach so that they then implement these
recommendations.”
Sandra Imhof, NPM, Switzerland
In terms of the deprivation of liberty itself, some NPMs and the SPT
believe that to prevent arbitrary detention, it is in their remit to
evaluate the legality of deprivation of liberty in a psychiatric context,
and to verify if the person has indeed been placed “voluntarily”.
During the discussions, some of the participants stated that it is
not enough to call for an improvement to institutional practices.
In light of NPMs’ various practices, they discussed whether
deinstitutionalisation is a necessary precondition for respecting the
rights of persons with disabilities. Under the CRPD, providing care
without resorting to institutionalisation is a requirement that the
States Parties must pursue immediately. However, what should the
NPMs’ role be? Should they take a position on a particular health
model or does this exceed their mandate?
Even though most of the NPMs present subscribed to the key
principles of the Convention (non-discrimination, autonomy),
not all of them approached implementation in the same way in
practice. Some mechanisms actively promote deinstitutionalisation
as an immediate requirement, believing it is the most effective
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