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NORWEGIAN PARLIAMENTARY OMBUDSMAN
National Preventive Mechanism
ANNUAL REPORT 2016
Institutional
culture and management:
risk or protection?
The Parliamentary Ombudsman has found in connection with its prevention efforts that institutional culture and management can play an important role in the protection of people deprived of their liberty. They are
essential to ensuring that people are treated humanely and with dignity,
but they can also present a risk of violation.
There will always be an unequal distribution of power
in places where people are deprived of their liberty;
between management and staff on one hand, and
detainees on the other. People deprived of their liberty
depend on an institution’s staff to meet their basic
needs and enjoy their fundamental rights. This power
imbalance and the restricted public access at places
of detention allow for different forms of vulnerability
to violations of human dignity and fundamental rights.
A desire to protect against such vulnerabilities lies
at the heart of the Optional Protocol to the UN
Convention against Torture and the Parliamentary
Ombudsman’s prevention mandate.
—
An institutional culture is
primarily formed by the prevailing
values and attitudes of the staff.
—
When a few people are assigned power over others,
rules must be established to define how this power
is exercised. The culture at an institution can be a
factor in preventing violations resulting from a power
imbalance, but it can also pose a risk.
When values and attitudes create poor practice
An institutional culture is primarily formed by the
prevailing values and attitudes of the staff.¹ In
an institutional culture, some characteristics and
attitudes can represent a clear risk of ill-treatment.
This applies in particular to internal cultures where
the staff stop seeing those deprived of their liberty as
individuals, but treat them as objects or as a group,
e.g. based on diagnoses, gender, age, language or
cultural background. Such attitudes create distance
and lessen possibilities for good human relations.
Research shows that 'us/them' attitudes in agencies
that exercise power can result in increased use
of force.² In prisons, it has been found that such
attitudes among staff generally lead to a higher stress
level among inmates.³
1 Penal Reform International (PRI) and the Association for the Prevention of Torture (APT) (2013): Institutional culture in detention:
a framework for preventive monitoring.
2 Terrill et al. (2003): Police culture and coercion, Criminology, 4, p. 1003–1034.
3 Liebling (2007): ‘Why prison staff culture matters' in The culture of prison violence, Byrne, Taxman and Hummer (eds.),
Allyn and Bacon, page 105.
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