JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2016
in many countries, particularly in Europe and Latin America, but also
in the Asia-Pacific region (New Zealand). Since 2011, the SPT has
placed greater emphasis on monitoring psychiatric institutions and
systematically conducts visits to this type of establishment as part
of its field missions.
On a regional level, the European Committee for the Prevention of
Torture (CPT) regularly monitors psychiatric hospitals and has been
doing so for approximately 15 years. An integral part of the CPT’s
work involves raising their members’ awareness, training them and
conducting visits to psychiatric institutions. This is borne out by the
statistics on visits carried out in 2015: 12 of the 17 missions in that
year included visits to psychiatric hospitals.
Despite this clear mandate and the monitoring bodies’ awareness
of the need to visit these facilities, various internal and external
obstacles to regular monitoring remain in place. Externally, limited
access, in particular to private establishments, continues to present
significant challenges to the monitoring bodies in some settings.
Internally, some NPMs’ visiting schedules still rarely prioritise these
centres. This is in part the result of the members’ lack of training and
awareness on mental disability, which hinders NPMs’ capacity to treat
persons deprived of liberty in these institutions in an appropriate
way and to respond to their needs. Members and staff of monitoring
bodies (NPMs or SPT) are often still ill at ease during these visits due
to prejudices surrounding mental disability, the discrimination that
has historically prevailed towards persons with disabilities and a lack
of training and awareness.
The aim and nature of psychiatric institutions differs from more
“classic” detention centres, such as prisons. Unlike in the prison
system, directors of health establishments are involved in the
decision-making on involuntary placement, and are then responsible
for implementing this decision, which is not always accompanied
by the necessary guarantees to prevent arbitrariness and allow for
review procedures in case of abuse. In addition, the attitude of care
staff, who see themselves as vested with a therapeutic mission and
are not used to being supervised by an independent external body
may, initially, be wary. Often people do not know what these bodies
do and their actions are therefore misunderstood and perceived to
be an inappropriate challenge to the merit of medical decisions and
interference in the therapeutic process. Against this background, it
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